Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15785 of 2020 Arising Out of PS. Case No.-148 Year-2019 Thana- BARIYARPUR District- Munger ====================================================== SHANKAR SINGH S/o Late Mishri Singh Resident of Village- Sitarampur Hazira, P.S.- Bariarpur, Distt- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 324, 307 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons assaulted the informant due to which he sustained injury.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 2.11.2019 and has got no

Patna High Court CR. MISC. No.15785 of 2020(4) dt.10-09-2020 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. The injury report does not support the allegation made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -2nd, Munger in connection with Bariarpur P.S. Case No. 148/19.

(Sudhir Singh, J) Pankaj/- U