Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4335 of 2021 Arising Out of PS. Case No.-344 Year-2020 Thana- SONEPUR District- Saran ====================================================== 1.

Munna Singh aged about 40 years son of Shri Brijnandan Singh R/O Village- Baijalpur Jamuni, P.S.- Sonepur, District- Saran, Chapra 2.

Chhotu Singh @ Niraj Singh aged about 26 years S/O Shri Jaleshwar Singh R/O Village- Baijalpur Jamuni, P.S.- Sonepur, District- Saran, Chapra ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Udbhav, Advocate For the Opposite Party :

Mr. SK Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioners and the State.

Petitioners seek bail in a case registered for the offence punishable under section 307/302 and other ancillary sections of the Indian Penal Code.

As per the prosecution case, petitioners and other accused persons, all named in the FIR, abused and assaulted informant's uncle. Meanwhile, petitioner no.2 and other accused persons assaulted him with sword and dab. Accused Papu Singh is alleged to have cut the neck of the victim with

Patna High Court CR. MISC. No.4335 of 2021(3) dt.22-06-2021 2/3 garasi.

Learned counsel for the petitioners submits that there is general and omnibus allegation of assault against the petitioners. Co-accused Papu Singh is alleged to have cut the neck of the informant's uncle causing his instant death and the doctor has also found single injury on the neck of the deceased. Petitioners have got clean antecedent as stated in paragraph 3 of the bail petition. Petitioners are in custody since 16.6.2020 and 29.6.2020 respectively. Investigation is complete. Similarly situated co-accused Hare Ram Singh has already been allowed bail by a co-ordinate bench of this Court vide order dated 26.4.2021, passed in Cr.Misc.No. 38451/2020.

Learned counsel for the State and the informant oppose the prayer for bail.

Considering the rival submissions of the parties, materials available on the record and the fact that there is general and omnibus allegation against the petitioners and similarly situated co-accused has already been allowed bail by a co-ordinate bench of this Court, let the petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate,

Patna High Court CR. MISC. No.4335 of 2021(3) dt.22-06-2021 3/3 Saran at Chapra in Sonepur Police Station Case No. 344 of 2020 on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T