Abhay Kumar Singh @ Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38259 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- WARISNAGAR District- Samastipur ====================================================== 1.

ABHAY KUMAR SINGH @ ABHAY KUMAR Son of Sri Suman Singh @ Sri Suman Shankar Singh Resident of Village - Kashour, P.S.- Warishnagar, Distt - Samastipur.

2.

Raja Kumar Singh Son of Sri Vinod Singh Resident of Village - Kashour, P.S.- Warishnagar, Distt - Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Mr. Shashank Shekhar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code. The prosecution case in short is that the accused persons assaulted the father of the informant due to which he sustained injury and later succumbed to the injury. It has been submitted on behalf of the petitioners that the petitioners are in custody since 24.4.2019. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.38259 of 2019(2) dt.01-07-2019 2/2 The allegation is that by way of fists and slap, the deceased was assaulted. From the post-mortem report, it is evident that there is no external or internal injury found on the body of the deceased. The post-mortem report does not support the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 32 of 2019.

(Sudhir Singh, J) Pankaj/- U T