Shivchandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3479 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -PATORI District- SAMASTIPUR ======================================================

1. Shivchandra Singh, Son of Sri Bashudeo Singh, resident of VillageBahadurpur, P.S.- Patori, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Patori P.S. Case No. 102/2016, registered for the offences punishable under Sections 341, 323, 302 and 34 of the Indian Penal Code. Allegedly, Basudeo Singh and the petitioner were abusing the husband of the informant and in the meantime co-accused Harischandra Singh, Balindra Singh, Lakhindra Kumar after surrounding the husband of the informant started assaulting him with lathi, rod and big hammer, resulting, he died. Later on, it is alleged that the petitioner was having big hammer and he and others assaulted the husband of the informant till his death. Submission is of false implication and that due to family dispute the petitioner has falsely been implicated in the present case.

Patna High Court Cr.Misc. No.3479 of 2017 (3) dt.23-03-2017 2/2 In earlier paragraph, there is allegation against other co-accused, namely, Harischandra Singh, Balindra Singh and Lakhindra Kumar. In this case similarly situated co-accused Basudeo Singh has been allowed bail vide Cr. Misc. No. 52478/2016 by another co-ordinate Bench of this Court and as such, the petitioner also deserves sympathetic consideration.

Learned A.P.P. fairly submits that Basudeo Singh has already been allowed bail.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Patori P.S. Case No. 102/2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rakhi U T