Uday Singh @ Udresh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63761 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- BAGENGOLA District- Buxar ====================================================== 1.
UDAY SINGH @ UDRESH SINGH Son of Late Baldau Singh Resident of Village - Dharauli, P.S.- Bagen Gola, District - Buxar (Bihar) 2.
Ritik Singh Son of Raju Singh Resident of Village - Dharauli, P.S.- Bagen Gola, District - Buxar (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Adv.
For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2022 Heard learned counsel for the parties.
The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 307,147, 148, 149, 341, 504, 506 and 447 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, ten named accused persons including the two petitioners herein came variously armed. It is stated that the accused persons caught hold of the informant's father while Shailesh Kumar Singh shot at him hitting him in his thigh and near his chest. It is further stated that as a result of firing by Umesh Singh, the informant sustained injuries in his right leg. Ankit Singh, Dhanji Singh and Uday
Patna High Court CR. MISC. No.63761 of 2021(3) dt.18-04-2022 2/3 Singh (petitioner no.1) assaulted Rajendra Mahto and Sita Devi while other accused persons also fired.
It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the case. So far as the allegation against Uday Singh and two others of having assaulted Rajendra Mahto and Sita Devi is concerned, from perusal of the injury report which have been brought on record, the same does not support the allegations in the FIR. Further although the injuries on Sita Devi have been found to be grievous in nature, the same is said to be on hand. Both the petitioners are in custody since 22.9.2021. During pendency of this application the petitioner no.2, Ritik Singh has been enlarged on provision bail vide order dated 25.2.2022. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the nature of allegation against the two petitioners' , the contents of the injury report, the material that has transpired in course of investigation and the chargesheet having been submitted in the case, the Court directs the petitioner no. 1 to be enlarged on bail in connection with Bagen Gola P.S. Case no. 98 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to
Patna High Court CR. MISC. No.63761 of 2021(3) dt.18-04-2022 3/3 the satisfaction of the learned 1st Additional Chief Judicial Magistrate, Buxar.
Further bail granted to the petitioner no.2, Ritik Singh in connection with Bagen Gola P.S. Case no. 98 of 2020 to the satisfaction of 1st Additional Chief Judicial Magistrate, Buxar vide order dated 25.2.2022 is hereby confirmed. (Partha Sarthy, J) Bibhash/- U