Patna High CourtCR. MISC./45673/2023allowed

Bikram Singh v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45673 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== BIKRAM SINGH Son of Late Ram Pravesh Singh Resident of village - Bakhorapur, P.S. - barahara (Krishnagarh), Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 307/34 of the Indian Penal Code and later on added Section 302 of the IPC.

3. As per FIR, the allegation against the petitioner along with another is of assaulting the informant due to which he sustained head injury and during course of treatment he died.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. He submitted that both the parties are own brothers and there is a land partition dispute among brothers. From the perusal of the Postmortem report, it appears that no any external injury was found on the body of the

Patna High Court CR. MISC. No.45673 of 2023(3) dt.12-09-2023 2/2 deceased and as such postmortem report does not corroborate the allegation made in the prosecution case. He is languishing in judicial custody since 03.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Barhara P.S. Case No. 183 of 2023.

(Sunil Kumar Panwar, J) arish/- U