Sintu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61758 of 2021 Arising Out of PS. Case No.-274 Year-2021 Thana- AMARPUR District- Banka ====================================================== Sintu Singh Son of Late Jiyalal Singh Resident of Village - Choti Kaitha, P.s.- Phullidumar, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan Sinha, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and learned A.P.P. 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 petitioner seeks regular bail in connection with Amarpur (Phullidumar) P.S. Case No. 274 of 2021 instituted for the offences under Sections 341, 323, 302, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 10.06.2021, is a person with clean antecedent and charge-sheet has been submitted. Learned counsel for the petitioner submits that the informant alleges that petitioner along with Subodh Singh and Rambhajo Singh at 12:30 PM came to his home armed with

Patna High Court CR. MISC. No.61758 of 2021(2) dt.22-03-2022 2/3 lathi and danda and started abusing and assaulted the informant and his family member and when his brother came to save him, he was also assaulted, further Subodh Singh assaulted the mother of the informant on his chest by brick, leading to death. Learned counsel for the petitioner submits that from perusal of the FIR, it transpires that it was alleged that Subodh Singh assaulted the mother of the informant on the chest leading to death but the informant very widely alleged that all the accused persons assaulted her till she died, when the same does not corroborated from the postmortem report, which is Annexure 2 to the bail application and only one external injury was found.

Learned counsel for the petitioner further submits that the police after investigation submitted charge-sheet under Section 304 of the IPC, as such, the allegation of murder of the mother of the informant was committed stands belied for the sudden.

Learned A.P.P. for the State and learned counsel for the informant vehemently opposes the prayer for regular bail of the petitioner, but is not able to meet the submission of the petitioner that the police after investigation submitted the charge-sheet under Section 304 of the IPC.

Patna High Court CR. MISC. No.61758 of 2021(2) dt.22-03-2022 3/3 Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted and also police after investigation submitted chargesheet under Section 304 of the IPC, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur (Phullidumar) P. S. Case No. 374 of 2021.

(Satyavrat Verma, J) S.Katyayan/- U T