Patna High CourtCR. MISC./30905/2019dismissed

Sushil Singh v. The State Of Bihar

2019-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30905 of 2019 Arising Out of PS. Case No.-240 Year-2018 Thana- PIRO District- Bhojpur ====================================================== SUSHIL SINGH Son of Late Dashrath Singh Resident of Village - Bashmanpur Sakari, P.S.- Piro, Hasan Bazar, Distt - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surj Bansh Roy For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Piro (Hasan Bazar) P.S. case No.240 of 2018 registered under Sections 341, 323, 307, 504/34 and 302 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Bhojpur at Ara. Allegation is that the accused persons including the petitioner assaulted the informant and his father, namely, Mahendra Singh with lathi and danda and in the meantime petitioner assaulted the father of the informant by bamboo on his head, as a result of which he became unconscious and subsequently died.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.11.2018 and has got no

Patna High Court CR. MISC. No.30905 of 2019(3) dt.20-09-2019 2/2 criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. General and omnibus allegation has been made. No specific overt act is alleged against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. Informant is an eye witness to the alleged occurrence. The specific allegation of assault upon the deceased is alleged against the petitioner. The petitioner is said to be one of the assailants.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The court below is directed to take all necessary steps to expedite the case.

(Sudhir Singh, J) Narendra/- U T