Parmeshwar Singh @ Supan Singh @ Prameshwar Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6060 of 2024 Arising Out of PS. Case No.-173 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== Parmeshwar Singh @ Supan Singh @ Prameshwar Kumar Singh S/O Late Chandeshwar Singh R/O Village- Kholpur, P.S- Sandesh, Distt.- Bhojpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Pandey, Adv For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2024 Heard learned cousnel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused / petitioner is named in the FIR and apprehending his arrest in a case registered for the offences punishable under Section 341, 323, 325, 379, 307, 504/34 of the Indian Penal Code.
3. The allegation against this petitioner is to assault mother of the informant along with co-accused persons where she sustained head and body injuries. The occurrence took place due to cleaning the buffalo in common streat.
4. Learned counsel for the petitioner submitted that from perusal of the FIR, it can be gathered easily that informant is received entire information, when he came to his house where his mother was injured and narrated the story. The FIR is based
Patna High Court CR. MISC. No.6060 of 2024(2) dt.17-02-2024 2/2 upon hearsay input. It is submitted that injury as alleged to be sustained by informant's mother are simple in nature and not appears repeated, negating prima facie "institution to cause death" as to attack an offence under section 307 of the IPC (as intention to cause death). It is further submitted that petitioner is a man of clean antecedent.
5. Learned APP for the State opposes the prayer of bail.
6. In view of the aforesaid fact and circumstances and by taking note of fact that narration of FIR is based upon hearsay input and nature of injury sustained by mother of the informant is simple in nature, let the above named petitioner, in the event of his arrest or surrender within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs. 10,000 ( Rupees Ten Thousand) each with two sureties of the like each to the satisfaction of the learned Judicial Magistrate 1st class Bhojpur at Ara in connection with Sandesh P.S.Case No. 173 of 2023 Subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
N.K/- (Chandra Prakash Singh, J) U T