Baban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17707 of 2016 Arising Out of PS.Case No. -113 Year- 2015 Thana -MAJORGANJ District- SITAMARHI ====================================================== Baban Singh, Son of Late Ramashish Singh, Resident of Village- Khairva Khurd, P.S.- Mejarganj, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Subodh Kumar For the Opposite Party/s : Mr. Bharat Lal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Majurganj P.S. Case No. 113 of 2015, registered under Section 341, 323, 324, 307 and 302/34 of the Indian Penal Code. The accusation is that petitioner along with Raman Singh, Lalan Singh and Shambhu Singh reached near the house of the informant Shivjee Singh and told to cut the branch of the guava as the branch is lying inside their land on which informant asked them to cut the bamboo, which went upon the land of the informant on which hot talk were exchanged and all the accused caused injuries to the head of the son of the informant by means of axe. When wife of the informant rushed to save her son then Ram Dulari Devi, Rinki Devi, Rubi Devi and Raj Kishor Singh

Patna High Court Cr.Misc. No.17707 of 2016 (2) dt.02-05-2016 2/2 caused injury to his wife. Later on, the son of the informant was rushed to the hospital, where he declared died. Learned counsel for the petitioner submits that while there is allegation against the petitioner and three others to cause injury to the son of the informant, but only two incised injuries found on the person of the deceased. Moreover, similarly situated co-accused, Raman Singh and Shambhu Singh have already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 22.12.2015 passed in Criminal Misc. No. 48210 of 2015. The petitioner having no criminal antecedent is in custody since 19.01.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Majorganj P.S. Case No. 113 of 2015. (Rajendra Kumar Mishra, J) manish/- U T