Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31429 of 2023 Arising Out of PS. Case No.-199 Year-2022 Thana- KARAKAT District- Rohtas ====================================================== RAJESH KUMAR SINGH SON OF LATE RANG BAHADUR SINGH RESIDENT OF VILLAGE SIKARIA, PS- KARAKAT, DISTT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh Mr. Shashikant For the State :

Mr.Dilip Kumar No. 1 For the Informant :

Mr. Amit Kumar, ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

3. It is a case of assaulting by the petitioner to the informant's wife due to which she sustained injury and succumbed to injury.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The informant is not the eye witness of the alleged occurrence. It is further submitted by way of supplementary

Patna High Court CR. MISC. No.31429 of 2023(6) dt.05-12-2023 2/2 affidavit in para 2 that during course of trial informant Hare Ram @ Hare Ram Singh has been examined as P.W.1 and from perusal of deposition, it appears that he did not support the prosecution case and his statement is contrary to the F.I.R. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 20.10.2022.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Ist, Bikramganj, Rohtas in connection with Karakat P.S. Case No. 199 of 2022. (Sunil Kumar Panwar, J) lata/- U T