Prithvi Chand Singh @ Prithvi Chandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20296 of 2022 Arising Out of PS. Case No.-39 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== PRITHVI CHAND SINGH @ PRITHVI CHANDRA SINGH SON OF LATE RAJDEO SINGH R/O VILLAGE- DHANPURWA, P.S.- SASARAM (M), DISTRICT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 304/34 of the Indian Penal Code. As per allegation, the deceased entered into the house of the petitioner for committing offence of theft but he was caught hold in the petitioner's house and petitioner raised hulla then villagers gathered and started assaulting the deceased and the informant who is police chaukidar arrived at the place of the occurrence after getting information of the incident who admitted the injured to the hospital and later on injured died during course of treatment. The main submissions advanced by the learned counsel

Patna High Court CR. MISC. No.20296 of 2022(2) dt.19-07-2022 2/2 for the petitioner are that against petitioner, there is no specific allegation and in the FIR only suspicion was raised by the informant and the informant has not claimed to be an eye-witness of the alleged occurrence. Further submission is that petitioner has been languishing in jail since 30.1.2022 having clean antecedent. Learned APP has opposed the prayer for bail.

Heard both sides and perused the FIR. As per allegation deceased entered into the petitioner's house with an intention to commit theft but in the meantime, he was caught and assaulted by villagers and later on he died during course of treatment. Any specific role of the petitioner in the commission of the offence has not been mentioned in the FIR. Considering this, petitioner deserves privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram (M) P.S Case No. 39 of 2018. (Shailendra Singh, J) s.hassan/- U T