Gore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7616 of 2015 Arising Out of P.S. Case No. -49 Year- 2014 Thana -NARHAT District- NAWADA ====================================================== Gore Singh S/o Kishori Singh R/o Vill- Sahwajpur Sarai, P.S.- Sitamarhi Dist- Nawada.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate. For the Opposite Party/s : Mr. Anil Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-03-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The informant alleged that he along with his brother was going to purchase a thrasher but his brother began to talk with an unknown person. The informant came back and saw his brother in a pool of blood. It is alleged that the injured brother of the informant disclosed the name of 12 persons and alleged that they all assaulted him with gun, rifle, iron rod and bat. It is submitted that no specific allegation is made against the petitioner. Co-accused Anuj Singh has already been granted bail vide order passed in Cr. Misc. No. 25183/2014. The case of the petitioner stands on similar footing. It is further submitted that the deceased had three injuries, one stitched wound

Patna High Court Cr.Misc. No.7616 of 2015 (3) dt.25-03-2015 2/2 on left side of forehead, another stitched wound was on right leg and third injury was multiple abrasion on right side anterior. Twelve persons are named in the F.I.R.

On the other hand, learned counsel for the informant submits that during the course of investigation, it has come that it was the petitioner, who called other accused persons, and assaulted the deceased, resulting into the death of Manu Singh, the deceased.

It appears that the informant did not disclose the fact that his brother Manu Singh, the deceased, disclosed the name of the accused persons, who assaulted him. The informant did not disclose the name of any person present in the vicinity. No specific allegation is made against the petitioner and similarly situated co-accused Anuj Singh has already been granted bail. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Nawada in Narhat (Sitamarhi) P.S. Case No. 49 of 2014.

(Prabhat Kumar Jha, J) Dilip/- U T