Raushan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51072 of 2021 Arising Out of PS. Case No.-95 Year-2021 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Raushan Singh S/O Late Ramashish Singh R/O Village-Rahua, P.S-S. Kamal, District-Begusarai.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-01-2022 Heard learned counsel for the parties.
The petitioner seeks bail in a case registered for the offence under Sections 147, 148, 149, 342, 307 of the Indian Penal Code and Sections 25(1- b)a, 26, 35 of the Arms Act to which section 302 of the I.P.C. was added.
As per the prosecution case, this petitioner along with other ten F.I.R. named accused persons assaulted younger son of the informant by means of iron rod, lathi and bricks, as a result of which, he sustained multiple injuries and died during course of treatment.
It is submitted on behalf of petitioner that there is general and omnibus allegation of commission of assault against all the F.I.R. named accused persons and no specific overt act has been alleged against this petitioner. It is further submitted
Patna High Court CR. MISC. No.51072 of 2021(3) dt.20-01-2022 2/2 that doctor has found three injuries on the person of the deceased, whereas, there is allegation that all the eleven accused persons have assaulted the deceased. Petitioner has got clean antecedent and he is in custody since 25.4.2021. Similarly situated co-accused has already been allowed bail by this Court vide order passed in Cr.Misc.No. 55562.
Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Sahebpur Kamal P.S. Case No. 95 of 2021. (Prabhat Kumar Singh, J) Shashi U Y