Vimal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37973 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -PAROO District- MUZAFFARPUR ====================================================== Vimal Singh S/o Late Yugal Kishore Singh, Resident of VillageKalyanpur, P.S.- Paroo, District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Ranjan For the Opposite Party/s : Mr. Anish Chandra, APP For the Informant : Mr. Mithilesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-08-2017 Heard Sri Rakesh Ranjan, the learned counsel for the petitioner, Sri Mithilesh Kumar Singh, learned counsel for the informant and Sri Anish Chandra, learned APP for the State. The petitioner seeks regular bail in connection with Paroo P.S. Case No. 97 of 2017, registered for the offence punishable under Sections 302, 34 and 120B of the Indian Penal Code.
The case of the prosecution is that while the informant and his brother were returning home, Bimal Singh, Raj Kumar Singh, Ranjan Kumar Singh, Ajay Singh and Surendra Singh surrounded them on the strength of dagger. Other four unknown persons were also with them. Thereafter all accused persons started assaulting his brother (Ram Pravesh Singh) with dagger.
Patna High Court Cr.Misc. No.37973 of 2017 (2) dt.10-08-2017 2/3 He (informant) ran to save but in that course he heard Bimal Singh saying to kill Ram Pravesh Singh. His brother was stabbed to death and thereafter all the accused fled away on three motor bikes towards south direction. Ram Pravesh Singh was taken to Paroo PHC where the doctor declared him brought dead. The learned counsel for the petitioner submits that the petitioner is merely an order giver and had not inflicted any injury on the person of the deceased as well as he has clean antecedent and as such a lenient view may be taken. It is further submitted that the land dispute is there between the parties, which may have resulted such incident. It has been submitted that the petitioner is languishing in jail custody since 03.05.2017. Having regard to the facts and circumstances of the case, I find that it would be expedient in the interest of justice to enlarge the petitioner on regular bail after undergoing imprisonment of six month at least.
Accordingly, it is directed that the learned trial court shall enlarge the petitioner on regular bail immediately after completion of six months from 03.05.2017 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. (West), Muzaffarpur in connection with Paroo P.S. Case No. 97 of 2017, on the terms and
Patna High Court Cr.Misc. No.37973 of 2017 (2) dt.10-08-2017 3/3 conditions as the learned trial court may deem it fit and appropriate.
With the aforesaid observations, this application is disposed of.
(Mohit Kumar Shah, J) BTiwary/- U T