Raj Kishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25490 of 2022 Arising Out of PS. Case No.-9 Year-2022 Thana- DULHIN BAZAR District- Patna ====================================================== 1.
Raj Kishore Singh, Son of Late Kamta Prasad Singh. 2.
Lakshman Singh, Son of Umesh Singh Both Resident of Village - Sabzpura, P.s.- Dulhin Bazar, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-08-2022 Heard learned counsel for the petitioners, the State and the learned counsel for the informant.
Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioners are in judicial custody in connection with Dulhin Bazar P.S. Case No.09/2022 instituted under Sections 147, 148, 149, 341, 323, 307, 302, 120(B) of the Indian Penal Code and 27 of Arms Act.
As per the FIR, the informant has alleged that all the accused persons assembled and started her husband by means of stick and 'lathi'. The further specific allegation against Sanju Kumar @ Sanjeet, Ajeet Kumar & Subhash who have alleged to gave shot injuries to her husband, who succumbed to his injuries on the spot itself.
Patna High Court CR. MISC. No.25490 of 2022(2) dt.11-08-2022 2/3 Another person namely Ankur Kumar @ Anshu also received gun shot injury and was admitted to Patna Medical College Hospital for treatment. So far as these two petitioners are concerned, an omnibus allegation of assault by stick and 'lathi' has been attributed. The reason behind the FIR is stated to be election of ward member of the concerned Nagar Panchayat. Taking into account that the specific allegation is against Sanju Kumar @ Sanjeet, Ajeet Kumar & Subhash and only omnibus allegation against the two petitioners herein, they are in custody since 20.01.2022 and the charge sheet stands submitted, this Court is inclined to grant him privilege of bail. Let both the petitioners be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Dulhin Bazar P.S. Case No.09/2022 to the satisfaction of learned Judicial Magistrate, Ist Class, Danapur, Patna, subject to following conditions:
(i) one of the bailor should be the family member of the petitioners, who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive
Patna High Court CR. MISC. No.25490 of 2022(2) dt.11-08-2022 3/3 dates without plausible reasons will entail cancellation of their bail by the Trial court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T