Bipin Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2930 of 2017 Arising Out of PS.Case No. -89 Year- 2016 Thana -BHAWANIPUR District- PURNIA ======================================================
1. Bipin Singh Son of late Lakhan Prasad Singh
2. Babul Kumar Singh@Babul Singh Son of Kishori Singh Both residents of Village Karmanchak, P.S. Bhawanipur, District Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor.
The application is for grant of bail in connection with Bhawanipur (Balia O.P.) PS case no. 89 of 2016 for the offence under Section 302/34 of the Indian Penal Code. It is submitted on behalf of petitioners that no specific allegation has been alleged against the petitioners and the allegation is only omnibus. It is further submitted that post-mortem report shows that the deceased was not in a position to state anything after receiving such injury. It is further submitted that F.I.R. itself shows that there is enmity between the parties and petitioners have been intentionally implicated in this case.
Patna High Court Cr.Misc. No.2930 of 2017 (2) dt.10-02-2017 2/2 Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail stating that deceased has taken the name of the petitioner just before his death. Having heard both sides. Considering the fact that deceased has taken the name of the petitioner just before his death, I am not inclined to grant bail to the petitioners. As such, their prayers for bail is rejected at this stage. However, petitioners may renew their prayer for bail before the court concerned after framing of charge and the court concerned will pass appropriate order on its own merit without being prejudiced by the order of this Court.
With these observations, this bail application is dismissed.
(Vinod Kumar Sinha, J.) rinkee/- U T