Siddheshwar Singh @ Nanhak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18727 of 2023 Arising Out of PS. Case No.-758 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Siddheshwar Singh @ Nanhak Singh, Male, aged about 72 years, son of late Jagarnath Singh, R/o Village- Porha, P.S.- Barhara (Sinha O.P.), District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP For the Informant :

Mr. Satyendra Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner; learned Additional Public Prosecutor for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Barhara (Sinha OP) PS Case No. 758 of 2022 dated 03.11.2022, instituted for the offence punishable under Sections 147, 148, 149, 323, 325, 341, 504, 506, 307 and 302 of the Indian Penal Code.

3. The prosecution case, in short, is that on the date of occurrence when the informant and his family members were going to sleep after taking dinner, his uncle Siddheshwar Singh @ Nanhak Singh along with his children and daughter-in-law came at the house of the informant with lathi, danda, iron rod

Patna High Court CR. MISC. No.18727 of 2023(2) dt.17-05-2023 2/3 and started abusing and assaulting the informant. When the uncle of the informant, Ravindra Singh, came to save, he was also assaulted by Vikram Singh with iron rod on his head. Seeing this when father of the informant came to save him, he was also assaulted by Vikram Singh on his head due to which he fell down and died on the spot itself.

4. Learned counsel for the petitioner submits that no specific overt act is alleged against the petitioner. There is specific allegation against the son of the petitioner, namely, Vikram Singh. Learned counsel further submits that both sides are agnates and all the family members of the petitioner have been made accused in this case. Learned counsel further submits that only because he is the father of the main accused he has been made accused in this case. Charge-sheet has been submitted in the case. Lastly, it has been submitted that the petitioner is in custody since 03.11.2022 having no criminal antecedent.

5. Learned APP as well as learned counsel for the informant have opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of

Patna High Court CR. MISC. No.18727 of 2023(2) dt.17-05-2023 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in Barhara (Sinha OP) PS Case No. 758 of 2022. (Khatim Reza, J) J. Alam/- U T