Patna High Court
Subodh Kumar @ Subodh Kumar Singh vs The State Of Bihar on 5 March, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31996 of 2020
Arising Out of PS. Case No.-153 Year-2020 Thana- TARAIYA District- Saran
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1. Subodh Kumar @ Subodh Kumar Singh, aged about 29 years (Male) Son of
Narendra Singh @ Deepak Singh.
2. Kuber Singh @ Kuber Kumar, aged about 26 years, (Male) Son of Narendra
Singh @ Deepak Singh.
3. Manish Kumar @ Manish Kumar Singh, aged about 24 years (Male), Son of
Ramnath Singh.
4. Chandan Kumar @ Chandan Kumar Singh, aged about 25 years (Male), Son
of Bhushan Singh.
All residents of Village-Saraiya Basant, PS-Taraiya, District-Saran-841401.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Abdul Manan Khan, Advocate
For the State : Mr. Uday Pratap Singh,APP
For the Informant : Mr. Radha Mohan Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 05-03-2021
The matter has been heard via video conferencing.
2. Heard Mr. Abdul Manan Khan, learned counsel for
the petitioners; Mr. Uday Pratap Singh, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State and
Mr. Radha Mohan Singh, learned counsel for the informant.
3. The petitioners apprehend arrest in connection with
Taraiya PS Case No. 153 of 2020 dated 16.05.2020, instituted
under Sections 341, 323, 342, 324, 307/34 of the Indian Penal
Patna High Court CR. MISC. No.31996 of 2020 dt.05-03-2021
Code to which later on Section 302 of the Indian Penal Code was
added and 27 of the Arms Act, 1959.
4. The allegation against the petitioners is of assault on
the informant party and specifically against petitioner no. 1 and 3
that it resulted in injury on Jay Prakash Singh, against petitioner
no. 3, the allegation is that he handed over the pistol to co-accused
Pankaj Singh, who has fired on the informant in the abdomen,
whereas against petitioner no. 4 is of assault by sword on the head
of Kailash Singh.
5. Learned counsel for the petitioners submitted that the
incident took place due to long standing rivalry and enmity
between the parties and for the same incident, there is also a
counter case and the petitioners' side has also suffered injuries. It
was submitted that the assault attributed to petitioners no. 1 and 3
has resulted in injury of simple nature. It was submitted that
except for petitioner no. 1 against whom there are two more cases
and petitioner no. 3 against whom there is one case, the petitioners
no. 2 to 4 have clean antecedent. It was submitted that against
petitioner no. 4 though there is allegation of assault by sword on
the head of Kailash Singh, but the injury report discloses that only
a lacerated wound was found on the head which was simple in
nature caused by hard blunt substance.
Patna High Court CR. MISC. No.31996 of 2020 dt.05-03-2021
6. Learned APP submitted that there is allegation of
assault against the petitioners.
7. Learned counsel for the informant submitted that the
blow by petitioners no. 1 and 3 has resulted in injuries on Jay
Prakash Singh and petitioner no. 2 was instrumental in the gun
shot injury on the informant as he had handed over the weapon to
co-accused Pankaj Singh and against petitioner no. 4, is that he
had hit on the head of Kailash Singh with a sword. However, it
was not controverted that the injury caused on Jay Prakash Singh
and Kailash Singh are simple in nature caused by hard blunt
substance.
8. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each
with two sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate-I, Saran at Chapra in
Taraiya PS Case No.153 of 2020, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure, 1973
and further, (i) that one of the bailors shall be a close relative of
the petitioners, (ii) that the petitioners and the bailors shall execute
Patna High Court CR. MISC. No.31996 of 2020 dt.05-03-2021
bond with regard to good behaviour of the petitioners and they
shall co-operate with the police/prosecution and the Court. Any
violation of the terms and conditions of the bonds or failure to co-
operate shall lead to cancellation of their bail bonds.
9. It shall also be open for the prosecution to bring any
violation of the foregoing conditions of bail by the petitioners, to
the notice of the Court concerned, which shall take immediate
action on the same after giving opportunity of hearing to the
petitioners.
10. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
