Amarjeet Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39047 of 2023 Arising Out of PS. Case No.-123 Year-2020 Thana- PIRO District- Bhojpur ====================================================== Amarjeet Prakash Singh S/O Ramkrishna Singh R/O Village- Rajapur, P.SPiro, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 504, 506, 379, 307, 34 of the Indian Penal Code.

As per prosecution case, on 20.052020 the cousin of the informant namely, Dilip Kumar was sitting near Mathiya meanwhile petitioner along with other accused persons came there and assaulted to him. He anyhow escaped, reached house. It is further alleged that when brother-in-law of the informant namely Sushil Kumar went to the accused persons to know about this incident, co-accused Sumit Kumar caught his waist and petitioner assaulted on his head by rod causing injury. The

Patna High Court CR. MISC. No.39047 of 2023(3) dt.13-09-2023 2/3 other co-accused have also assaulted to him by means of lathi, danda and stones causing serious injury to him. Anyhow he was taken to Piro Hospital from where he was referred to P.M.C.H., Patna.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to ulterior motive. The F.I.R. has been lodged after the delay of 8 days. There is case and counter case between both the parties. General and omnibus allegation has been levelled against the petitioner and no specific allegation of assault is attributed to him. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 25.04.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Piro P.S. Case No.123 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.39047 of 2023(3) dt.13-09-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVIII, Bhojpur at Ara. (Sunil Kumar Panwar, J) lata/- U T