Patna High CourtCR. MISC./53760/2021bail granted

Kameshwar Singh v. The State Of Bihar

2022-08-30Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53760 of 2021 Arising Out of PS. Case No.-101 Year-2021 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

KAMESHWAR SINGH SON OF LATE MAHESHWAR SINGH RESIDENT OF VILLAGE- GARWA, P.S- RAFIGANJ, DISTAURANGABAD( BIHAR) 2.

ABHISHEK SINGH @ ABHISHEK KUMAR SON OF KAMESHWAR SINGH RESIDENT OF VILLAGE- GARWA, P.S- RAFIGANJ, DISTAURANGABAD (BIHAR) ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-08-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Rafiganj P.S. Case No. 101 of 2021, registered for the offences punishable under Sections 341, 323, 324, 307, 34 of the Indian Penal Code.

As per allegation, the accused persons came to the house of the informant with sword, khanti etc. and petitioner No. 1 assaulted the informant with sword which hit the son of the petitioner himself and his son died sustaining the injuries.

Patna High Court CR. MISC. No.53760 of 2021(3) dt.30-08-2022 2/2 Learned counsel for the petitioner has submitted that the allegation in the FIR is far from the truth. As a matter of fact, the members of prosecution side committed murder of son of petitioner No. 1 and in this respect a case has been lodged as Rafiganj P.S. Case No. 83/2021 twelve days prior to the present occurrence. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No.

101 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.