Patna High CourtCR. MISC./53616/2023bail granted

Suman Singh v. The State Of Bihar

2023-08-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53616 of 2023 Arising Out of PS. Case No.-165 Year-2021 Thana- PASRAHA District- Khagaria ====================================================== SUMAN SINGH Son of Baijnath Singh Resident of village - Barmasiya, P.S.- Pasraha, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302/ 34 of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons, including this petitioner, assaulted the wife of informant with Lathi-danda and iron rod leading to her death.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that though there is allegation of assault by all the FIR named accused persons but the doctor has found no external or internal injury on the person of the deceased. Similarly situated accused Rajmani Devi has already been granted bail by a co-ordinate Bench of this court

Patna High Court CR. MISC. No.53616 of 2023(2) dt.28-08-2023 2/2 vide order dated 24.03.2023 passed in Cr. Misc. No. 2452/ 2023. Petitioner has got clean antecedent.

5. Learned counsel appearing for the State opposes the prayer for anticipatory bail.

6. Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Khagaria in connection with Pasraha PS case No. 165/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T