Patna High CourtCR. MISC./53245/2018bail granted

Satya Prakash Singh v. The State Of Bihar

2018-10-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53245 of 2018 Arising Out of PS. Case No.-233 Year-2016 Thana- GORAUL District- Vaishali ====================================================== Satya Prakash Singh S/o Siya Ram Saran Singh, R/o Vill.- Premraj, P.S.- Goraul, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Goraul P. S. Case No. 233 of 2016 instituted for the offence under Section(s) 302/34 of the Indian Penal Code.

In the written report , it is alleged that one thief was caught in front of the house of Brahma Nand Singh who committed theft in the house of petitioner. Villagers assembled there and thief was assaulted by the villagers including the petitioner. He died in front of the house of Brahma Nand Singh. Case diary has been received in the case.

Learned APP after looking into the case diary has submitted that there is no allegation of specific overt act

Patna High Court Cr.Misc. No.53245 of 2018(3) dt.08-10-2018 2/2 against this petitioner. It has further been submitted that witnesses in different paragraphs of the case diary have supported that thief was assaulted by the villagers on account of which he died.

The petitioner is in custody since 8.7.2018. Petitioner has clean antecedent.

Considering the aforesaid, let the petitioner, above named, 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 the ACJM-I Vaishali at Hajipur, in connection with Goraul P. S. Case No. 233 of 2016 subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T