Kulbul Singh @ Viresh Singh @ Brajesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69968 of 2018 Arising Out of PS. Case No.-106 Year-2018 Thana- DUMARIAGHAT District- East Champaran ====================================================== KULBUL SINGH @ VIRESH SINGH @ BRAJESH SINGH Son of Shatrudhan Singh, Resident of Village-Rampur Khajuria, Police StationDumariaghat, District-East Champaran at Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar For the Opposite Party/s :
Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-12-2018 Heard learned counsel for the petitioner, learned APP for the State as well as counsel for the informant. The petitioner seeks bail in connection with Dumariaghat P. S. Case No. 106 of 2018 instituted for the offence under Section(s) 147 /148/ 149 /323 /324 /307/ 337/ 338 /504/ 506 of the IPC. Later on, Section 304 of the IPC was added.
It has been submitted that there is case and counter case between the parties. The wife of Anil Singh, namely Sarita Devi, has also lodged a criminal case bearing Dumariaghat P.S. case no. 107 of 2018 against the informant including nine accused persons in which Manoj Singh assaulted Abnish Kumar by Farsa on the head causing grievous injury.
Patna High Court Cr.Misc. No.69968 of 2018(2) dt.03-12-2018 2/3 In the instant case, allegation against this petitioner is that he along with 7 named accused persons as mentioned in the written report caused injury by bricks to labourer Munna Ansari, on account of which, he sustained injuries on head, chest and back. Subsequently, he succumbed to the injuries during course of treatment.
From the written report itself, it is apparent that no specific allegation of assault has been levelled against this petitioner rather there is general and omnibus allegation against this petitioner.
Learned counsel for the informant has appeared and opposed the prayer for bail. The postmortem report of the deceased has been produced by learned counsel for informant during hearing of the bail petition, wherein, the doctor has found one stitched wound of size 2" in length over the head on right side of the deceased. It has further been submitted that deceased died due to head injury caused by hard and blunt substance.
Petitioner is in custody since 19.6.2018 having clean antecedent.
Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.
Patna High Court Cr.Misc. No.69968 of 2018(2) dt.03-12-2018 3/3 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Dumariaghat P.S. Case No. 106 of 2018, subject to the condition that both the bailers shall be the close relative of the petitioner (Sanjay Priya, J) shyambihari/- U T