Vinod Kumar Singh @ Vinod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55619 of 2024 Arising Out of PS. Case No.-319 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Vinod Kumar Singh @ Vinod Singh Son Of Mr. Ram Nath Singh R/VVillage- Lalganj, Parmanandpur, P.S.- Lalganj, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Ms. Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

For the Opposite Party/s :

Ms. Renu Kumari, APP Mr. Santosh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Lalganj P.S. Case No. 319 of 2023, registered for the offences punishable under Sections 147, 341, 323, 379, 504, 506 of the Indian Penal Code and later on, Section 302 of the Indian Penal Code was added.

3. The prosecution case, in brief, is that on 07.09.2023, at about 8:00 AM, while informant was at his shop, all the F.I.R. named accused persons including this petitioner came and started abusing him and on protest, all the accused persons assaulted him and took away cash of Rs. 5,000/- from

Patna High Court CR. MISC. No.55619 of 2024(2) dt.31-08-2024 2/3 the shop. During course of treatment, after five days of the occurrence, informant died.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to admitted land dispute. As a matter of fact, the present case is counter blast of Lalganj P.S. Case no. 320 of 2023, which has been lodged by co-accused Prabhat Kumar @ Govind Singh against informant and others. From perusal of the F.I.R. it is apparent that the alleged occurrence is of 07.09.2023 but the F.I.R. has been lodged on 10.09.2023, which carries delay of three days and there is no plausible explanation for the same. Allegation of assault is general and omnibus. No specific overt act is alleged against this petitioner. In the postmortem report, the cause of death is 'Cardiac Failure'. The charge-sheet has been submitted. Petitioner is in custody since 09.05.2024.

5. Learned A.P.P. appearing on behalf of the State and learned counsel for the informant opposed the prayer for bail.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in

Patna High Court CR. MISC. No.55619 of 2024(2) dt.31-08-2024 3/3 connection with Lalganj P.S. Case No. 319 of 2023. (Prabhat Kumar Singh, J) utkarsh/- U T