Sohan Kumar @ Sohan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33483 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- GANGABRIDGE District- Vaishali ====================================================== Sohan Kumar @ Sohan Kumar Singh Son of Shiv Jee Singh Resident of Village - Sahdullahpur, P.S.- Ganga Bridge, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Manoj Kumar NO. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Ganga Bridge P.S. Case No. 78 of 2020, registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code. As per the prosecution case, while the husband of informant Ram Babu Singh was clearing his land, this petitioner along with other co-accused persons came there, abused him and demanded Rs. 5,00,000/- from him for clearing the land. On refusal, petitioner snatched the spade from the hand of informant's husband and assaulted on his neck, as a result of which he became unconscious and fell down on the ground. Thereafter, petitioner and others assaulted the husband of informant by means lathi, danda and fled away. During course of treatment, informant's husband died.

Patna High Court CR. MISC. No.33483 of 2021(3) dt.21-10-2021 2/2 It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case merely on suspicion. In fact, informant and others arrived there with intention to capture the land of petitioner resultantly scuffle took place between the parties and accidentally Kudali fell on the shoulder of informant's husband and he became unconscious. From postmortem report, it appears that cause of death is head injury caused by hard and blunt object. No injury has been found on neck. There is land dispute between the parties and a title suit case no. 207/2015 is pending in the Court of Sub-Judge Xth, Vaishali. Petitioner is in custody since 16.09.2020 having no criminal antecedent.

Counsel for the informant however, vehemently opposed the prayer for bail and submitted that petitioner is one of the assailants.

Considering the facts aforesaid and the nature of allegation and the fact that no corresponding injury has been found by doctor on neck, the bail application of the petitioner is allowed.

(Prabhat Kumar Singh, J) vinita/- U T