Sharif Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39150 of 2023 Arising Out of PS. Case No.-299 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

Sharif Singh Son Of Late Rajnath Singh Resident Of Village - Madurana, P.S. - Chainpur, Distt. - Kaimur (Bhabua) 2.

Dharmu Singh Son Of Sharif Singh Resident Of Village - Madurana, P.S. - Chainpur, Distt. - Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners have prayed for grant of bail in connection with Chainpur P.S. Case No. 299 of 2022 registered under sections 302, 504, 506, 120B, 147, 148 and 149 of the Indian Penal Code.

As per the FIR, informant's grandson Rahul Kumar Singh was returning after visiting his farm then all the accused persons including these petitioners who were sitting themselves near the corner leading to village-Marai surrounded his grandson with lathi, danda and iron road in their hands and on the provocation of co-accused Subhash Singh, all the accused

Patna High Court CR. MISC. No.39150 of 2023(3) dt.23-08-2023 2/3 persons assaulted him badly due top which he became unconscious and thinking that he was dead, all of them ran away from there. It is further alleged that Rahul Kumar who was injured was taken to the Primary Hospital for treatment and further he was referred to Trauma Center, Varanasi, where he died during the course of his treatment.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted that general and omnibus allegations have been levelled against all the accused persons including these petitioners. Nothing specific allegations have been attributed against these petitioners. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 02.05.2023. Similarly situated other co-accused persons have already been granted bail by the different co-ordinate Bench of this Court vide Annexure-2 series of this petition.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as

Patna High Court CR. MISC. No.39150 of 2023(3) dt.23-08-2023 3/3 the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Chainpur P.S. Case No. 299 of 2022 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Kaimur at Bhabua.

(Sunil Kumar Panwar, J) Shubham/- U T