Manu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57331 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -TIYAR District- BHOJPUR ====================================================== Manu Singh, Son of Late Sudarshan Singh, resident of Village- Araila, P.S.- Tiyar, District- Bhojpur, Arrah.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmatma Singh For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Tiyar P.S. Case No.27 of 2017, giving rise to Sessions Trial No.335 of 2017, registered under Sections 147, 148, 149, 341, 323, 325, 307, 302 and 504 of the Indian Penal Code. Allegation is that accused persons assaulted the deceased and the allegation against this petitioner and others is that they assault over his head.

Learned counsel for the petitioner submits that in the restatement the informant submits that two persons assaulted over the head of the deceased and due to eve teasing the quarrel took place and the deceased fell on hard surface and sustained injury. Moreover, the occurrence is dated 11.05.2017 and the FIR was

Patna High Court Cr.Misc. No.57331 of 2017 (3) dt.17-01-2018 2 /2 lodged belatedly after a week on 18.05.2017 without any explanation and police has submitted charge-sheet in this case. Learned counsel for the informant submits that there is specific allegation against the petitioner of giving blow over the head of the deceased and the reason for delay in lodging the FIR is that the deceased was being taken to one hospital to another. Having considered the aforesaid facts and circumstances specially the delay of seven days in lodging the FIR without any reasonable explanation, petitioner Manu Singh is directed to 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 learned F.T.C.-I, Arrah, Bhojpur in connection with Tiyar P.S. Case No.27 of 2017. (Arun Kumar, J.) S.Kumar/- U T