Patna High CourtCR. MISC./28568/2017bail granted

Osihar Singh And ORS v. The State Of Bihar

2017-07-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28568 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -GOPALPUR District- GOPALGANJ ======================================================

1. Osihar Singh Son of Amar Singh

2. Nagendra Singh Son of Jayram Singh

3. Amar Singh Son of Baburam Singh All Resident of Village-Sangwadih Charu Tola, P.S.-Gopalpur, District-Gopalganj .... .... Petitioners

Versus

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

For the Petitioners : Mr. Indrajeet Bhushan, Advocate.

For the Opposite Party : Mr. Uday Chand Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2017 Heard both sides.

The petitioners seek bail in Gopalpur P.S. Case No. 44 of 2017 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.

Osihar Singh, petitioner no. 1 is alleged to have assaulted the informant Dharmendra Singh with Pharsa. Nagendra Singh and Shambhu Singh are alleged to have assaulted Pradip Singh and Ramwati Devi. There is omnibus and general allegation of assault against the petitioner Amar Singh. Learned counsel for the petitioners submits that Dharmendra Singh got as many as five injuries out of which four injuries are simple in nature and one, found on forearm, is opined

Patna High Court Cr.Misc. No.28568 of 2017 (2) dt.10-07-2017 2/2 to be grievous in nature. Nagendra Singh and Shambhu Singh are alleged to have assaulted Pradip Singh and Ramwati Devi. Pradip Singh and Ramwati Devi got simple injuries. There is no specific allegation of assault against petitioner no. 3. Learned counsel for the informant as well as learned APP vehemently opposed the prayer for bail of the petitioners but it appears that on account of assault made by the petitioners Dharmendra Singh, Pradip Singh and Ramwati Devi got simple injuries save and except one injury found on the forearm of the informant. The petitioners are in jail since 10.04.2017. Considering the facts aforesaid, the petitioners above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Gopalganj in Gopalpur P.S. Case No. 44 of 2017.

(Prabhat Kumar Jha, J.) KKSINHA/- U T