Prem Chand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53778 of 2015 Arising Out of PS.Case No. -211 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Prem Chand Singh Son of Sri Baikunth Singh, Resident of Village - Karigaon, P.S. - Mohania, District - Kaimur (Bhabua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Amit Kr.Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-11-2015 Heard learned counsel for the petitioner and for the state.

The petitioner Prem Chand Singh is apprehending his arrest in a case registered for offences punishable under sections 341, 323, 307, 302/34 of Indian Penal Code.

It is alleged that five persons including the petitioner assaulted Sunil Kumar Singh, the brother of the informant with lathi and iron rod when the mother of the informant and the informant came to rescue , they were also assaulted badly. Subsequently, the brother of the informant succumbed to the injury. The postmortem report reflects only one injury on the dead body which has not been found the cause of

Patna High Court Cr.Misc. No.53778 of 2015 (2) dt.26-11-2015 2/2 the death. It is further submitted by the learned Counsel for the petitioner that the accused person has been implicated on the basis of the suspicion and the petitioner has also lodged complaint case no. 622 (c)/2015 prior to the lodging of the present case. Similarly situated co-accused have been granted anticipatory bail by this court in Cr. Misc No. 32914/2015 and Cr. Misc. No. 33297/2015. The allegation is general and omnibus. Considering the nature of accusation not being corroborated with the medical opinion, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

10,000 (Ten Thousand) with two securities of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Babhua, Kaimur, in connection with Mohania, P.S. Case No. 211/2015, subject to the conditions as laid down under section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) M.