Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40058 of 2020 Arising Out of PS. Case No.-139 Year-2019 Thana- MORKAHI District- Khagaria ====================================================== AMIT KUMAR SINGH S/o Umakant Singh, R/o Village- Tirari, P.S.- Gangaur (Khagaria), District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mrs.Shaheen Begum, APP For the Informant : Mr.Binod Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2021 As prayed for, learned counsel for the petitioner is permitted to make correction in paragraph no.1 and prayer portion of the bail application, in course of day. Heard the parties.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 302/34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having assaulted the brother of the informant at the alleged place of occurrence on the alleged date and time of occurrence by means of lathi and bricks resulting in the brother of the informant sustaining head injury, whereafter, he was carried to the Sadar Hospital, Khagaria and then he was referred to Begusarai for better treatment, however, he died during the course of the treatment, subsequently. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.40058 of 2020(3) dt.24-03-2021 2/2 case. He further submits that there is general and omnibus allegation against the petitioner. There is specific allegation against co-accused namely Shatrughan Singh who assaulted the deceased by means of bricks resulting therein that he died during course of treatment. The said co-accused has been granted bail by this Hon'ble Court vide order dated 05.01.2021 passed in Cr. Misc. No.19833/2020. The petitioner is languishing in judicial custody since 28.07.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Charge has been framed against the petitioner. Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with S.T. No. 3/21, 4/21 in Morkahi P.S. Case No. 139/2019, G.R. No. 3033/2019 to the satisfaction of learned Court below where the case is pending.

(Anjani Kumar Sharan, J) amitkumar/- U T