Barun Singh @ Anil Singh @ Anil Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31623 of 2015 Arising Out of PS.Case No. -57 Year- 2010 Thana -ANDHRATHARI District- MADHUBANI ====================================================== BARUN SINGH @ ANIL SINGH @ ANIL KUMAR SINGH .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarendra Kumar, Adv. For the Opposite Party/s : Mr. Indu Bala Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-08-2015 Heard both sides.
The petitioner seeks bail in Andhrathari P.S. Case No. 57 of 2010, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.
The petitioner along with other accused persons are alleged to have assaulted Badri Singh causing his death. The petitioner is alleged to have assaulted Badri Singh with spear on his temple. Arun Singh is alleged to have assaulted Badri Singh with spade on his head. Other accused persons are also alleged to have assaulted with spear and spade.
It is submitted that the injuries found on the person of the deceased shows that the deceased did not get any injury from sharp cut and pointed object. All the injuries on the body of the deceased caused by hard blunt object. Arun Singh is alleged to
Patna High Court Cr.Misc. No.31623 of 2015 (2) dt.18-08-2015 2/2 have assaulted with spade on the head of the deceased. Corresponding injury is also found. Arun Singh has already been enlarged on bail. The police after investigation submitted final form finding the case false against the petitioner. The petitioner is summoned under Section 319 of the Cr.P.C. to face the trial. The petitioner is in jail since 28.05.2015.
Learned counsel for the informant, on the other hand, vehemently opposed the prayer for bail but did not show any injury on the temple of the deceased by the sharp cut and pointed object as alleged.
Considering the facts aforesaid, the petitioner above named is directed to be enlarged 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 Additional Sessions Judge II, Madhubani, in connection with Andhratharhi P.S. Case No. 57 of 2010.
(Prabhat Kumar Jha, J.) Rakhi/- U T