Balindar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26607 of 2021 Arising Out of PS. Case No.-94 Year-2019 Thana- JURAWANPUR District- Vaishali ====================================================== BALINDAR SINGH S/O LAGAN SINGH R/o village- Raghopur, Pachhami, P.S.- Jurawanpur, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that unknown accused persons assaulted his son and threw him down the stairs. He sustained grievous injuries. In course of treatment at the emergency ward in PMCH, he died. It is submitted by learned counsel for the petitioner that for an occurrence alleged to have taken place on 11.7.2019, information was given to the police station on 31.7.2019 and the F.I.R registered on 20.8.2019. Even after such a delay the F.I.R. was registered against unknown. The name of the petitioner transpired in course of investigation in the further statement of

Patna High Court CR. MISC. No.26607 of 2021(2) dt.08-12-2021 2/2 the informant. There are no eye witness to the occurrence. The petitioner is in custody since 28.9.2020 and has no criminal antecedent. Coaccused Lakhindra Singh has been enlarged on bail vide order dated 17.8.2021 passed in Cr. Misc. no.11307 of 2021.

The prayer for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that after lodging of the F.I.R. it transpired that the petitioner and other accused persons had consumed liquor and thereafter assaulted the son of the informant and had thrown him down stairs leading to grievous injuries and ultimate death. Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner being in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Jurawanpur P.S. Case no. 94 of 2019 (G.R. No. 4747 of 2019) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IX, Vaishali at Hajipur. Bibhash/- (Partha Sarthy, J) U