Lefti Singh @ Chhotoo @ Subhash Kumar @ Lefri Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40955 of 2024 Arising Out of PS. Case No.-62 Year-2016 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

Lefti Singh @ Chhotoo @ Subhash Kumar @ Lefri Singh, son of Abhay Singh @ Anirudh Singh, Resident of Village - Asha Bigha, P.S. - Rafiganj, District - Aurangabad.

2.

Samarjeet @ Dharamjeet @ Dharmjeet Kumar, son of Raju Prasad, resident of Village - Ram Nagar, Karma Road, P.S. - Aurangabad (T), District - Aurangabad.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-06-2024 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. for the State.

2. Petitioners seek bail in connection with Session Trial No. 348/2024 (65/2024) arising out of Aurangabad (M) P.S. Case No. 62 of 2016 registered for the offences under Sections 341, 323, 324, 308, 325, 34, 504 of the Indian Penal Code.

3. The petitioners are named in the First Information Report and are in custody since 29.04.2024.

4. Allegation against the petitioners is to assault the informant causing such bodily injury which may likely to

Patna High Court CR. MISC. No.40955 of 2024(2) dt.11-06-2024 2/3 cause his death alongwith other co-accused persons, where occurrence is alleged to be arises out of previous enmity.

5. It is submitted by learned counsel appearing on behalf of the petitioners that allegation of physical assault is appearing very much general and omnibus in nature against the petitioners. It is pointed out that alleged grievous injury is due to fracture of 'Ulna Bone' which is a non-vital part of the body negating prima-facie knowledge which may likely to cause death. It is submitted that both petitioners are of clean antecedent and, moreover, charges have already framed in this case before the learned trial court.

6. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

7. In view of aforesaid factual submission where allegation qua physical assault appearing very much general and omnibus in nature against the petitioners, accordingly, above-named petitioners are directed to be released on bail in connection with Session Trial No. 348/2024 (65/2024) arising out of Aurangabad (M) P.S. Case No. 62 of 2016 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand

Patna High Court CR. MISC. No.40955 of 2024(2) dt.11-06-2024 3/3 only) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge - II, Aurangabad, subject to the condition as laid down under Section 437 (3) Cr.P.C. and further condition that: (I) Accused/petitioners shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioners duly supported by the documents.

(Chandra Shekhar Jha, J.) Rajeev/- U T