Birendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51727 of 2021 Arising Out of PS. Case No.-208 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== Birendra Singh S/O Shri Jageshwar Singh R/O Village-Sarna, P.S-Shahpur, District-Bhojpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Awadhesh Kumar For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2022 Heard both parties.
The petitioner seeks bail in Shahpur P.S. Case No. 208 of 2018, registered for the offence punishable under Sections 307, 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.
As per prosecution case, this petitioner is alleged to have caused injury with spear to Bir Bahadur Singh, Arjun Singh and Ashwani Kumar Singh.
It is submitted on behalf of the petitioner that from perusal of FIR it would be apparent that petitioner is not the assailant of deceased and he is alleged to have caused injury to Bir Bahadur Singh, Arjun Singh and Ashwani Kumar Singh, but neither during investigation nor thereafter any injury report has come on record. It is next submitted that co-accused Arjun
Patna High Court CR. MISC. No.51727 of 2021(5) dt.24-02-2022 2/2 Singh and Bhim Singh who are alleged to have caught hold hands of father of informant (deceased), have been granted bail by this Court. Petitioner claims clean antecedent and he is in custody since 21.06.2021.
Counsel for the informant however vehemently opposed the prayer for bail and submitted that there is direct and specific allegation of inflicting spear blow on three persons against this petitioner.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Bhojpur, Ara in connection with Shahpur P.S. Case No. 208 of 2018. (Prabhat Kumar Singh, J) vinita/- U T