Patna High CourtCR. MISC./52771/2015bail granted

Amar Singh v. The State Of Bihar

2016-01-30Mr. Justice Gopal Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49619 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -ASARGANJ District- MUNGER ======================================================

1. Anoj Singh son of Amir Singh resident of Village Bari Mangrappa p.s Asarganj, District Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.52771 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -ASARGANJ District- MUNGER ======================================================

1. Amar Singh, son of Paltu Singh, resident of village- Gonai, P.S.- Haveli Kharangapur, District- Munger.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.49619 of 2015) For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) (In Cr.Misc. No.52771 of 2015) For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Arvind Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 30-01-2016 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of regular bail for offence under section 302/34 of the Indian Penal Code. Learned counsel for the petitioners submits that there is no specific allegation that who assaulted by what and, hence, the

Patna High Court Cr.Misc. No.49619 of 2015 (3) dt.30-01-2016 2/2 allegations are general and omnibus and further in the FIR it has been mentioned that the victim died on 02.02.2015 at 8 PM for which the information was given by the informant but the post mortem examination was done on 04.02.2015 at 12.10 PM suggesting the death within 24 hours which does not corroborate the time of occurrence.

Hence, having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Asarganj P.S. case No. 14 of 2015 to the satisfaction of Sri Amit Kumar Sharma, learned Judicial Magistrate, 1st class, Munger.

(Gopal Prasad, J) BKS/- U T