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Patna High CourtCR. MISC./50402/2023bail granted

Sanjeev Kumar Singh v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50402 of 2023 Arising Out of PS. Case No.-593 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

Sanjeev Kumar Singh Son Of Sudhir Singh Resident Of Village - Kala Khurd, Police Station - Jagdishpur, District - Bhagalpur 2.

Sarwan Kumar Son Of Indradeo Singh Resident Of Village - Kala Khurd, Police Station - Jagdishpur, District - Bhagalpur ... ... Petitioner/s

Versus

The State Of Bihar, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioners and learned A.P.P for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Jagdishpur P.S. Case No. 593 of 2022 dated 02.12.2022 registered for the offences punishable u/ss 147, 148, 149, 323, 307, 504 and 302 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have assaulted the informant's

Patna High Court CR. MISC. No.50402 of 2023(2) dt.16-08-2023 2/3 son with fists, slaps, lathi, danda, bricks and stones with an intention to kill.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is no specific allegation against the petitioners. There is general and omnibus allegation against the petitioners. Similarly situated co-accused person has already been granted bail by the co-ordinate bench of this court vide order dated 01.08.2023 passed in Cr. Misc. No. 47051 of 2023. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 16.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that the informant's son died during the course of treatment.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Jagdishpur P.S. Case No. 593 of 2022, with the condition/s:- (i). The petitioners are directed to remain physically

Patna High Court CR. MISC. No.50402 of 2023(2) dt.16-08-2023 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T