Uday Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20235 of 2016 Arising out of PS.Case No. -80 Year- 2013 Thana -GAYA MUFFSIL District- GAYA ====================================================== Uday Singh .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sheikh Arkan Ahmad, Advocate. For the Opposite Party : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 22.01.2016 in connection with Muffasil P.S. Case No. 80 of 2013 for the offences instituted under Sections 302/34 of the IPC and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

The prosecution story, in brief, is that the informant's son, Pappu Manjhi, was sitting at his house, one Manoj Singh arrived there and asked about Pappu Manjhi, refused accompany. It is also said that Manoj Singh started abusing and the informant's son started fleeing away towards Kamalpur village. It is further alleged that all the accused persons named in the F.I.R., caught hold the informant's son and started assaulting with fists and slaps and proceeded towards Manpur Railway Station. It is also said that

Patna High Court Cr.Misc. No.20235 of 2016 (3) dt.18-07-2016 2/2 the informant followed her son and the accused persons she was also abused and asked to go away. Accused persons by assaulting with fists and slaps caused the death of Pappu Manjhi. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 22.01.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering with the evidence against the petitioner. Altogether seven persons have been named in the F.I.R. alongwith 10-20 unknown persons have been made accused. No specific injury has been attracted against the petitioner. General and omnibus allegation has been made against the petitioner.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya, in connection with Muffasil P.S. Case No. 80/2013. U.K./- (Sudhir Singh, J) U T