Bimal Singh @ Bimal Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63666 of 2018 Arising Out of PS.Case No. -70 Year- 2017 Thana -MEHANDIA District- JEHANABAD ======================================================
1. Bimal Singh @ Bimal Sharma Son of late Ambika Singh Resident of Village-Pasurampur, Police Station -Parasi, Distt.-Arwal .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vipin Kumar Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner, the informant and the learned A.P.P. for the State. The petitioner seeks bail in Mehandia P.S. Case No. 70/2017, instituted for the offences under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.
It is alleged in the written report that on 13.08.2017 at about 5 P.M. the petitioner along with other accused persons armed with iron rod and Khanti came to the field of the informant and began to plough his field. The informant raised protest then co-accused Pramila Devi told to kill the son of informant, whereupon co-accused Vishwanath Singh assaulted son of informant with iron rod on his chest. Co-accused Prabhat Kumar and Deepak Kumar assaulted his son with iron rod and Khanti indiscriminately. The informant rushed to the place of occurrence
Patna High Court Cr.Misc. No.63666 of 2018 (4) dt.19-11-2018 2/3 and raised hulla. It is further alleged that this petitioner told that his son is still alive and kill him further. Thereafter this petitioner crushed two times by tractor the body of son of informant and fled away.
Injury report is available in case diary, wherein three injuries have been found on the person of injured. Learned counsel for the petitioner has submitted that the injured was referred to Paras Hospital. Injury report of Paras Hospital is available in case diary, wherein three injuries have been found on the person of injured. The injury report issued from P.M.C.H. also shows three injuries on the person of injured. Learned counsel for the informant has submitted that injury report issued from Paras Hospital is part of case diary, wherein doctor has found three injuries on the person of injured, i.e. multiple rib fracture with flail, chest and haemothorax, fracture sternum with right sternoclavicular joint fracture dislocation and fracture left clavical.
Learned counsel for the petitioner has submitted that while crushing by tractor, there will be injury over all parts of body. But the injury report does not support any such injury caused to the injured. It is also submitted that co-accused Vishwanath Singh has already been granted bail by a Co-ordinate
Patna High Court Cr.Misc. No.63666 of 2018 (4) dt.19-11-2018 3/3 Bench of this Court in Cr. Misc. No. 49664/2017 dated 17.10.2017.
Petitioner is in custody since 20.06.2018.
Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. 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 learned Chief Judicial Magistrate, Arwal, in connection with Mehandia P.S. Case No. 70/2017, subject to the conditions that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J.) Rakhi U T