Sugriv Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57680 of 2021 Arising Out of PS. Case No.-295 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== 1.
SUGRIV SINGH, Son of Late Devmuni Singh, Resident of Village - Nayaka Barka Baiju Tola, P.S.- Rivilganj, District - Saran at Chapra. 2.
Kallu Singh @ Vivek Singh, Son of Sugriv Singh, Resident of Village - Nayaka Barka Baiju Tola, P.S.- Rivilganj, District - Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Udai Shankar Singh, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-03-2022 Heard Mr. Udai Shankar Singh, learned counsel for the petitioners and Mr. Dilip Kumar No.1, learned APP for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioners seek bail in connection with Rivilganj P.S. Case No. 295 of 2020 registered under Sections 341, 324, 307, 302, 120B, 326/34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are in custody since 10.08.2021, are persons with clean antecedent, charge-sheet has been submitted and the informant alleges that eleven accused persons including the
Patna High Court CR. MISC. No.57680 of 2021(2) dt.03-03-2022 2/3 petitioners came to the house of the informant variously armed and Golu and Deepak having sword and Farsa in their hand assaulted the husband of the informant and also assaulted Rajesh, brother-in-law of the informant. Further on account of assault, the husband of the informant died.
Learned counsel submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that specific allegation of assault is against Golu and Deepak by Sword and Farsa and as far as these petitioners are concerned they at best alleged to be present at the place of occurrence without any overt act being alleged against them. Learned counsel further submits that petitioner no.1, who is father of Golu and petitioner no.2, who is brother of Golu have been implicated merely because they are related to Golu.
The learned APP opposes the bail application. Considering the fact that the petitioners are in custody, charge-sheet has been submitted and are persons with clean antecedent and no specific overt act has been alleged against them and taking into consideration the submissions made by the learned counsel for the petitioners, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two
Patna High Court CR. MISC. No.57680 of 2021(2) dt.03-03-2022 3/3 sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Saran at Chapra in connection with Rivilganj P.S. Case No. 295 of 2020.
(Satyavrat Verma, J) uday/- U T