Patna High CourtCR. MISC./60676/2018bail granted

Rajeev Kumar Singh And ANR v. The State Of Bihar

2018-10-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60676 of 2018 Arising Out of PS.Case No. -135 Year- 2018 Thana -DIGHWARA District- SARAN ======================================================

1. Rajeev Kumar Singh,

2. Kunal Singh @ Kunal Kumar Singh, both are son of Bhola Singh @ Harendra Singh, resident of Village- Bastijalal, Police stationDighwara, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Udai Shankar Singh, Advocate For the Opposite Party/s : Dr. Kumar Uday Pratap, APP For the Informant : Mr. Raj Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-10-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the Informant. Petitioners seek bail in Dighwara P.S. Case No.135 of 2018 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 324, 307, 302, 120(B) Indian Penal Code and Section 27 of Arms Act.

Counsel for the petitioners submits that there is no allegation of specific overt act of assault against the petitioners. In the written report, it is alleged that these petitioners caught hand of the informant while co-accused, Arjun Singh, assaulted him with spear on his head. It is further alleged that co-accused Ujjawal Singh caused firearm injury in the

Patna High Court Cr.Misc. No.60676 of 2018 (2) dt.05-10-2018 2/2 stomach of brother of the informant. Petitioner is in custody since 30.06.2018 having clean antecedents.

Supplementary Affidavit has been filed by the petitioner annexing Injury Report, which shows that informant has sustained simple injuries.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Saran at Chapra, in connection with Dighwara P.S. Case No.135 of 2018, subject to the condition that both the bailors shall be close relative of the petitioners.

(Sanjay Priya, J) JA/- Rohit Kr.

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