Anandi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40309 of 2020 Arising Out of PS. Case No.-117 Year-2020 Thana- NARDIGANJ District- Nawada ====================================================== 1.

ANANDI SINGH S/o Chandeshwar Singh Resident of Vill.- Bhadaur, P.S.- Nardiganj, Distt.- Nawada.

2.

SIDHU SINGH S/o Chandeshwar Singh Resident of Vill.- Bhadaur, P.S.- Nardiganj, Distt.- Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Ms. Rina Sinha For the informant :

Mr. Sheo Kumar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-05-2021 Heard learned Counsel for the petitioners, learned Counsel for the informant and learned Additional Public Prosecutor representing the State, through Video Conferencing. The petitioners seek regular bail in connection with Nardiganj Police Station Case No. 117 of 2020, disclosing offences under Section 302/34 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that on the date of occurrence, the informant was irrigating his field and the petitioners, along with others, were drinking toddy, when the brother of the informant, Sunil Kumar (deceased) arrived there and demanded the due amount of his grocery shop from co-accused Ranjeet Singh. It has been alleged that upon raising such demand, co-accused Ranjeet

Patna High Court CR. MISC. No.40309 of 2020(4) dt.21-05-2021 2/3 Singh became furious and banged him at the root of palm tree and then the petitioners assaulted the deceased with legs and subsequently he died.

Learned Counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case due to village politics. He next submits that from perusal of the First Information Report, it would be evident that the grocery dues was demanded by the deceased from co-accused Ranjeet Kumar, who banged him on the earth near the palm tree and from perusal of the post mortem report, it would be evident that the cause of death is due to hemorrhage and shock, as a result of inflicted injury by hard and blunt object. He next submits that the petitioners are in custody since 27.05.2020, having no criminal antecedent and charge sheet has been submitted against them.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that allegation against the petitioners is general and omnibus in nature and there is specific allegation of assault against co-accused Ranjeet Singh I am inclined to grant regular bail to the petitioners.

Patna High Court CR. MISC. No.40309 of 2020(4) dt.21-05-2021 3/3 This application is, accordingly, allowed.

Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada, in connection with Nardiganj Police Station Case No. 117 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √