Jago Singh @ Jagga @ Anarjeet Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8685 of 2022 Arising Out of PS. Case No.-31 Year-2021 Thana- BISHUNPUR District- Darbhanga ====================================================== JAGO SINGH @ JAGGA @ ANARJEET SINGH S/o Binod Singh @ Baleshwar Resident of Village- Rampurdih, P.S.- Bishanpur, DistrictDarbhanga. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Bishanpur P.S. Case No. 31 of 2021 instituted for the offences punishable under Sections 302 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 02.11.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. The prosecution case, in short, is that on 05.04.2021, when the informant came to his house from his wheat field then he came to know that the petitioner had assaulted on the head of informant's brother namely, Satya Prakash Singh (deceased) with the brick causing head injury to him. The brother of the
Patna High Court CR. MISC. No.8685 of 2022(2) dt.30-06-2022 2/3 informant had gone to the shop of the petitioner situated at Rajwan Chowk for purchasing ganja where a scuffle took place on the issue of payment of price of ganja. It has been alleged that the petitioner during the scuffle assaulted on the head of the informant's brother, causing bleeding injuries to him. In the course of the scuffle, the father of the petitioner is also said to have sustained some injuries. The informant's brother came to his house and refused to go for medical treatment of the injuries. It is said that in the night at 11:00 pm, the brother of the informant went out of his house, disclosing that since the petitioner has damaged his one eye, he was going to damage both the eyes of the petitioner. Thereafter, in the morning of 06.04.
2021, the dead body of informant's brother was found on the road adjacent to the house of Sutta Singh. The informant identified the dead body of his brother. In the course of post mortem, the viscera of the deceased was preserved for examination by Forensic Science Laboratory. It is further alleged that the Jago Singh, Vinod Singh, Niranjan Singh and Satyendra Singh had killed his brother.
Learned counsel for the petitioner submits that the petitioner is innocent and there is no eye witness of the occurrence. It is further submitted that the post mortem, the
Patna High Court CR. MISC. No.8685 of 2022(2) dt.30-06-2022 3/3 doctor has found simple injury which has not been said to be the cause of death and therefore, viscera has been sent to the Forensic Science Laboratory for chemical examination. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 02.11.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Darbhanga in connection with Bishanpur P.S. Case No. 31 of 2021. (Khatim Reza, J) Gaurav Kumar/Annpurna - U T