Ganga Dayal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19216 of 2023 Arising Out of PS. Case No.-35 Year-2022 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== GANGA DAYAL SINGH Son of Rajendra Singh R/V- Dumuruka, PSAdhaura Dist- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar Seth For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Adhaura P.S. Case No. 35 of 2022 dated 16.7.2022 registered for the offence punishable u/s 147, 149, 307, 326, 302, 452, 120B of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have entered the house of the informant and started assaulting the informant, his wife and his daughter with lathi. Thereafter, Shanti Devi, the wife of the informant died during the course of the treatment.

Patna High Court CR. MISC. No.19216 of 2023(3) dt.03-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There is land dispute between the parties. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 7.10.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhabua (Kaimur) in connection with Adhaura P.S. Case No. 35 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T