Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19613 of 2023 Arising Out of PS. Case No.-70 Year-2022 Thana- SAMHO District- Begusarai ====================================================== 1.

SHIVAM KUMAR SON OF SHYAM KISHSORE SINGH RESIDENT OF VILLAGE - BIJULIYA, P.S. - SAMHO, DISTT. - BEGUSARAI 2.

RAM PRAVESH KUMAR @ RAM PRAVESAH SINGH SON OF SHYAM KISHSORE SINGH RESIDENT OF VILLAGE - BIJULIYA, P.S. - SAMHO, DISTT. - BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners seeks bail in connection with Samho P.S. Case No. 70 of 2022 dated 10.11.2022 registered for the offence punishable under Sections 147, 148, 341, 323, 324, 325 and 307 of the Indian Penal Code.

3. Allegation is of assaulting the informant and his wife against the co-accused Krishna Mohan Singh, Ram Niwas Singh, Umashankar Singh, Radheshyam Singh and omnibus allegation is against other co-accused persons who assaulted the wife of the informant.

4. Learned Counsel for the petitioners submits that the

Patna High Court CR. MISC. No.19613 of 2023(2) dt.17-05-2023 2/2 petitioners are innocent and have been falsely implicated in this case. It is submitted that there is general and omnibus allegation against the petitioners. There is case and counter case Samho P.S. Case No. 71 of 2022 has been filed by Petitioner No. 2 under Sections 147, 148, 341, 323 and 307 of the Indian Penal Code against the informant and other accused persons. It is apparent that there was free fight between the informant side and accused side. The petitioners are in custody since 11.11.2022, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Samho P.S. Case No. 70 of 2022. (Khatim Reza, J) prabhat/- U T