Bhuttu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11315 of 2020 Arising Out of PS. Case No.-728 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Bhuttu Singh Son of Satendra Singh @ Satyendra Kumar Singh Resident of Village- Garhi Bishunpur, P.S.- Lakhisarai, District- Lakhisarai. 2.

Guhan Singh Son of Makeshwar Singh Resident of Village- Garhi Bishunpur, P.S.- Lakhisarai, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mrs.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

23-06-2020 Heard learned counsel for the parties through video conferencing.

Two petitioners seek bail in Lakhisarai P.S. Case No. 728 of 2018, G.R. No. 1723 of 2018 registered for the offence under Sections 147, 148, 149, 341, 323, 307, 379, 427 of the Indian Penal Code.

As per the prosecution case, on 14-11-2018, while the informant and his companion was coming on motorcycle near Garhi Bishanpur Rajpoot Tola through NH-80, he found that road was jammed due to idol immersion. It is alleged that when the informant went near the idol, the petitioners started assaulting him, but anyhow he could save his life.

Patna High Court CR. MISC. No.11315 of 2020(2) dt.23-06-2020 2/2 It is submitted on behalf of petitioners that petitioners are innocent and have falsely been implicated due to village politics. It is further submitted that for the same occurrence, two F.I.Rs. have been lodged, one by the informant and another by the Sub-Inspector of Police, Lakhisarai, vide Lakhisarai P.S. Case No. 732 of 2018, against both party. The allegation made in the F.I.R. is vague and general in nature and no specific overt act against any of the petitioners.

Considering the aforesaid facts and circumstances, the bail application is allowed.

In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 728 of 2018, G.R. No. 1723 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T