Rajendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26909 of 2020 Arising Out of PS. Case No.-724 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== RAJENDRA SINGH S/o Late Ram Dhayan Singh Resident of VillageChadhua Tole, Gawasya, P.S.-Turki, District-Muzaffarpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ansul, Advocate For the Opposite Party :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-10-2020 Heard Mr. Ansul, learned counsel appearing on behalf of the petitioner and Mr. Pranav Kumar, learned Additional Public Prosecutor, for the State of Bihar.
This application for grant of regular bail arises out of Kudhani (Turki O.P.) P.S. Case No. 724 of 2019, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 120B of the Indian Penal Code. According to the case of prosecution, the F.I.R. named accused persons, including the sons of the petitioner and other family members including senior members, arrived at the place of occurrence. There is allegation against one Ranjit Singh of having asked other accused persons to kill the family members of the informant, whereafter all the accused persons started assaulting the informant's husband with iron rod, lathi etc. There is allegation against sons of the petitioner of having
Patna High Court CR. MISC. No.26909 of 2020(3) dt.20-10-2020 2/3 inflicted blow with iron rod. Subsequently, the informant's husband succumbed to injuries. Petitioner's name was not mentioned in the F.I.R.. However, during the course of investigation, the informant is said to have disclosed that she had wrongly mentioned name of the said Ranjit Singh in place of this petitioner.
Mr. Ansul, learned counsel appearing on behalf of the petitioner, has submitted that the petitioner is nearly 70 years old and because of petty dispute in respect of storage of sand and bricks, some occurrence had taken place. Both the sides are agnates and next door neighbours.
Considering the above submission and particularly the fact that the petitioner's name was not mentioned in the F.I.R. though he was well known to the informant, this application is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III (West), Muzaffarpur, in Kudhani (Turki O.P.) P.S. Case No. 724 of 2019.
It is directed that the defect(s) in the application, pointed out by the Registry, must be removed within two
Patna High Court CR. MISC. No.26909 of 2020(3) dt.20-10-2020 3/3 months.
Since COVID-19 pandemic situation is prevailing, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.
(Chakradhari Sharan Singh, J) Pawan/- U T