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Patna High CourtCR. MISC./33833/2022bail granted

Lakshuman Singh @ Lakshman Singh v. The State Of Bihar

2023-01-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33833 of 2022 Arising Out of PS. Case No.-324 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.

LAKSHUMAN SINGH @ LAKSHMAN SINGH SON OF LATE BIDIO SINGH @ RAMKESH SINGH RESIDENT OF VILLAGEKANCHANPUR, P.S.- SASARAM (M), DISTRICT- ROHTAS. 2.

NARAYAN SINGH SON OF LATE BIDIO SINGH @ RAMKESH SINGH RESIDENT OF VILLAGE- KANCHANPUR, P.S.- SASARAM (M), DISTRICT- ROHTAS.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Tripathy, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-01-2023 Heard learned counsel for the parties.

The petitioners have prayed for grant of regular bail in a case registered under sections 323, 325, 341, 379, 504 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

As per the prosecution case, it is stated that there was a dispute between the accused persons including the two petitioners herein and the father-in-law of the informant. Mukesh Singh gave repeated blows on the head of the father-inlaw of the informant with an iron rod leading to serious injuries. Thereafter the mother of Mukesh Singh also assaulted the informant's father-in-law on his head with a brick.

Patna High Court CR. MISC. No.33833 of 2022(3) dt.13-01-2023 2/2 It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. There is case and counter case between the parties. No overt act has been alleged against the petitioners who are in custody since 29.1.2022 and charge-sheet has been submitted in the case. Heard learned A.P.P for the State.

Having heard learned counsel for the parties and taking into consideration that no overt act has been alleged against the petitioners in the F.I.R, the petitioners not having any criminal antecedent, having remained in custody for 11 months since 29.1.2022 and charge-sheet having been submitted in the case, both the petitioners are directed to be enlarged on bail in connection with Sasaram P.S. Case no. 324 of 2020 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram.

(Partha Sarthy, J) Bibhash/avinash U T