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Patna High CourtCR. MISC./18184/2023allowed

Surendra Singh v. The State Of Bihar

2023-04-18Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9578 of 2023 Arising Out of PS. Case No.-61 Year-2021 Thana- JURAWANPUR District- Vaishali ====================================================== Sanjay Singh @ Sanjay Kumar Singh Son Of Ram Naresh Singh R/O Village - Jurawanpur Karari, P.S.- Jurawanpur, District - Vaishali. ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18184 of 2023 Arising Out of PS. Case No.-61 Year-2021 Thana- JURAWANPUR District- Vaishali ====================================================== Surendra Singh Son Of Late Banshi Singh @ Baishi Singh R/O VillageJurawanpur Karari, P.S.- Jurawanpur, District- Vaishali ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 9578 of 2023) For the Petitioner/s :

Mr.Dheeraj Kumar For the Opposite Party/s :

Mr.Yogendra Kumar (In CRIMINAL MISCELLANEOUS No. 18184 of 2023) For the Petitioner/s :

Mr.Dheeraj Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341,

Patna High Court CR. MISC. No.9578 of 2023(2) dt.18-04-2023 2/3 323, 302, 120(B), 504, 506 of the Indian Penal Code. As per prosecution case, the allegation against the petitioner and other co-accused persons is that they assaulted the informant and his father due to which father of informant succumbed to injuries during the course of treatment.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. It is further submitted that there is no specific overt act of allegation against the petitioners rather the allegation levelled against them is general and omnibus. Moreover, the petitioners are languishing in judicial custody for more than four months. Similarly situated several co-accused persons have already been granted bail by different co-ordinate Benches of this Court (annexed as Annexure 2 series of this petition).

Learned APP appearing for the State has

Patna High Court CR. MISC. No.9578 of 2023(2) dt.18-04-2023 3/3 vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Jurawanpur P.S. Case No. 61 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Vaishali, Hajipur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T