Karelal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41881 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- SANGRAMPUR District- Munger ====================================================== KARELAL SINGH S/O BANGALI SINGH R/o village- Rajadih, P.S.- Sangrampur,(Tetia Bambar), District- Munger ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manohar Prasad Singh, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Sangrampur (Tetia Bambar) P.S. Case No. 139 of 2020, for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 324, 302 and 504 of the Indian Penal Code.

The prosecution story, in brief, is that petitioner along with other co-accused started assaulting the informant due to which serious injury was sustained by the informant as well as his family members and while the father of informant was taken to hospital, his father died.

Learned counsel appearing on behalf of the petitioner submits that the there is general and omnibus allegation against

Patna High Court CR. MISC. No.41881 of 2021(4) dt.11-04-2022 2/3 the petitioner. He further submits that similarly situated coaccused Bablu Singh and Pramod Singh have already been enlarged on bail by this court vide order dated 29.11.2021 passed in Criminal Miscellaneous No. 24617 of 2021 and vide order dated 29.03.2022 passed in Criminal Miscellaneous No. 36329 of 2021, respectively. He further submits that there is only one injury found on the person of deceased as would appear from Postmortem report. No specific overt act alleged against the petitioner, the petitioner is in custody since 18.09.2020.

Sri Ajit Kumar, learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner and submits that there is direct allegation against the petitioner that he assaulted the deceased by means of lathi and there is one injury found on the person of deceased.

Considering the aforementioned facts and circumstances of the case, taking into the consideration the allegation made in the F.I.R. is general and omnibus against the present petitioner. As per Postmortem report, there is one injury found on the person of deceased, which is not attributed against the petitioner, the other co-accused have already been enlarged on bail, the petitioner, above named, is directed to be enlarged

Patna High Court CR. MISC. No.41881 of 2021(4) dt.11-04-2022 3/3 on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Munger in connection with Sangrampur (Tetia Bambar) P.S. Case No. 139 of 2020 , subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T