Bhajendra Singh @ Kariya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48532 of 2024 Arising Out of PS. Case No.-41 Year-2023 Thana- AGIAON District- Bhojpur ====================================================== Bhajendra Singh @ Kariya Singh Son Of Late Ramadhar Singh Resident Of Village - Raghunipur, P.S. - Udwant Nagar, District - Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dineshwar Tiwary For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 325, 307, 379 and 34 of the Indian Penal Code.

3. Prosecution case in nutshell is that while the informant along with one Munna Singh were returning, in the way, petitioner along with other co-accused persons posing themselves in police uniform, stopped the vehicle of informant and assaulted them. It is further alleged that coaccused Ramadhar Singh assaulted the informant

Patna High Court CR. MISC. No.48532 of 2024(2) dt.12-07-2024 2/3 by means of rod due to which he sustained head injuries, petitioner assaulted the informant on leg, co-accused Jagnesh Singh assaulted the informant on hand and co-accused Bhola Singh snatched chain and co-accused Vikas Singh snatched Mobile Phone and Rs. 36,000/- from the possession of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to some dispute of the informant with the co-accused. It is further submitted that general and omnibus allegation has been levelled against the petitioner along with other co-accused persons. There is inordinate delay of 8 days in lodging the FIR. Moreover, the petitioner is languishing in judicial custody since 24.04.2024.

Similarly situated co-accused Ramadhar Singh has already been granted bail by order dated 05.01.2024, passed in Cr. Misc. No. 84212 of 2023 by this Court.

5. Learned APP appearing for the state has

Patna High Court CR. MISC. No.48532 of 2024(2) dt.12-07-2024 3/3 opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Agiaon (Gadahani) P.S. Case No. 41 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge X, Bhojpur at Ara.

(Sunil Kumar Panwar, J) Nirajkrs/- U T