Saroj Kumar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.183 of 2017 Arising Out of PS.Case No. -42 Year- 2015 Thana -KHAJAULI District- MADHUBANI ======================================================
1. Saroj Kumar Singh S/o Ram Vilash Singh
2. Ranjeet Kumar Singh @ Chhotu S/o Chandeshwar Prasad Singh. Both residents of Village - Kasma Marat, P.S. - Khajauli, District - Madhubani.
.... .... Appellant/s
Versus
The State of Bihar.
.... .... Respondent/s ====================================================== Appearance:
For the Appellant/s : Mr. Ratanakar Jha, Adv. For the Respondent/s : Mr. Sri Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 03-04-2017 Heard learned counsel for the appellants as well as learned Additional Public Prosecutor. Informant, who happens to be wife of deceased Gyan Chandra Paswan being not an eyewitness to occurrence had alleged that her husband Gyan Chandra Paswan along with others have gone to siphon culvert on an information regarding apprehension of her co-villager Shrawan Paswan and Bittu Paswan by the miscreant in the night of 03.05.2015. Subsequently thereof, she received an information regarding admission of her husband at hospital on the following day whereupon she gone and found her husband dead while Jeevan Paswan and Lalu Paswan co-villager in injured
Patna High Court CR. APP (SJ) No.183 of 2017 (4) dt.03-04-2017 condition. Further, on query they disclosed that the persons so named therein including the appellants along with other unknown persons brutally assaulted them with lathi, rod on the pretext of being motorcycle snatcher.
From perusal of the case diary, it is evident that aforesaid two injured, namely Jeevan Paswan and Lalu Paswan have been examined under para-47 as well as 48 of the case diary alleging in omnibus nature and that being so, inconsonance with the period of custody since 21.10.2016 appellant Saroj Kumar Singh as well as Ranjeet Kumar Singh @ Chhotu each are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned First Additional Sessions Judge, (Special Judge), Madhubani in connection with Khajauli P.S. Case No.42/2015, after setting aside the order dated 05.12.2016 passed by First Additional Sessions Judge, Madhubani in connection with Bail Petition No.1124/2016.
Patna High Court CR. APP (SJ) No.183 of 2017 (4) dt.03-04-2017 Consequent thereupon, instant appeal is allowed.
(Aditya Kumar Trivedi, J.) Prakash Narayan U T