Uday Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36493 of 2021 Arising Out of PS. Case No.-328 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== UDAY SHANKAR SINGH Son of Late Rijhan Singh, Resident of Village - Baruari, P.S.- Gaighat, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate : Mr. Raju Kumar Goswami, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2021 Heard the learned senior counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Gaighat P.S. Case No. 328/2020 instituted for the offences under Sections 147, 148, 149, 341, 342, 323, 307, 325, 302, 504, 506 of the Indian Penal Code. Bihar Prohibition and Excise Act, 2016.

The learned senior counsel for the petitioner submits that the petitioner is in custody since 11.10.2020, he is a person with clean antecedents, charge-sheet has been submitted in this case.

Learned senior counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR,

Patna High Court CR. MISC. No.36493 of 2021(2) dt.06-12-2021 2/3 it would manifest that the informant alleged that on the alleged date and time of occurrence, all the accused persons including this petitioner armed with weight (Kilo) arrived at the egg shop of Saroj Kumar, (the brother of the informant) and started assaulting. Vijay Shankar Singh gave weight (Kilo) bow on the head of Saroj Kumar, he causes on the head severe injury for which he became unconscious. All the accused persons including this petitioner assaulted the informant also and fractured his leg. It is alleged that family members admitted the injured at Noble Hospital where he succumbed to death. Learned senior counsel for the petitioner submits that the informant has specifically alleged against co-accused Vijay Shankar Singh who have assaulted the brother of the informant, who died during course of treatment. As far as this petitioner is concerned allegation is general and omnibus. No specific allegation overtact attributed against this petitioner. Learned APP for the State opposes the bail application.

Considering the facts aforesaid, the petitioner, above named, is directed to be released on bail on his furnishing bailbonds in the sum of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.36493 of 2021(2) dt.06-12-2021 3/3 learned Additional Chief Judicial Magistrate-15, Muzaffarpur, in connection with Gaighat P.S. Case No. 328/2020. (Satyavrat Verma, J) amitkumar/- U T