Sonu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30490 of 2021 Arising Out of PS. Case No.-179 Year-2020 Thana- SISWAN District- Siwan ====================================================== SONU KUMAR SINGH SON OF RAM PRAVESH SINGH Resident of Village - Saipur, P.S.- Siswan, Distt.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-03-2022 Heard Mr. Ranjeet Kumar Pandey, learned counsel for the petitioner and Mr. Zainul Abedin, Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Siswan PS Case No. 179/2020 registered for the offence punishable under Sections 147, 341, 323, 302/120B of the IPC. As per First Information Report, the petitioner along with other accused persons inflicted knife blow in the stomach of son of the informant due to which he died. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to previous enmity inasmuch as earlier an FIR bearing Siswan PS Case No. 217/2018 under Sections 447, 341, 504, 506, 379, 427, 426, 435/34 of the IPC was lodged by father of the petitioner against the brothers of the informant. He further submits that the
Patna High Court CR. MISC. No.30490 of 2021(5) dt.24-03-2022 2/3 false implication of the petitioner is further apparent from the fact that as per the FIR, the occurrence has taken place on 13.08.2020 at about 11:00 AM and from perusal of paragraph-9 of the case diary, it would be evident that the police received information regarding incident at about 12:25 PM on 13.08.2020 and the police visited the house of the informant at about 1:00 PM and the inquest report was prepared in the house of the informant. Learned counsel next submits that the police asked the informant to give his Fardbeyan at the time of preparation of the inquest report, however, the informant refused to give his Fardbeyan and told that he would visit the police station for lodging of the FIR and a written report was lodged by the informant at about 4:30 PM on 13.08.2020 after the inquest report and postmortem of the dead body which was conducted at about 4:10 PM.
It is next submitted that petitioner having no criminal antecedent is in custody since 14.08.2020.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the FIR has been lodged after the preparation of inquest report and after the postmortem of the dead body, there was previous enmity between the parties and the petitioner having no criminal
Patna High Court CR. MISC. No.30490 of 2021(5) dt.24-03-2022 3/3 antecedent is in custody since 14.08.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, SONU KUMAR SINGH be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-III, Siwan in connection with Siswan PS Case No. 179/2020.
(Anil Kumar Sinha, J) perwez U T