Prince Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53761 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== Prince Singh Son Of Siya Ram Singh Resident Of Village- Dhanauji, P.S.- Pakridayal, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhramveer For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 497, 341, 342, 302, 307, 324, 325, 326, 120(B), 504, 506 of the Indian Penal Code.
The prosecution case in nutshell is that petitioner along with other co-accused persons, variously armed, came at the house of the informant and assaulted the husband of the informant. When brotherin-law of the informant came to his rescue, he was also assaulted by the above mentioned persons, due to which
Patna High Court CR. MISC. No.53761 of 2022(2) dt.16-01-2023 2/3 husband of the informant succumbed to injuries and her brother-in-law sustained injuries.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 18.05.2022. there is general and omnibus allegation against the petitioner. It is submitted that both parties are agnates and in the background of land dispute and previous enmity, the present case has been lodged with false and concocted allegations. There is counter version of the occurrence also and both sides have sustained injuries as alleged in separate occurrence. It is further submitted that in the postmortem report of the deceased, doctor has not found any injury caused by sharp edged weapon and cause of death was Intracranial Hemorrhage caused by hard and blunt substance. Similarly situated co-accused persons have been granted Bail vide order dated
Patna High Court CR. MISC. No.53761 of 2022(2) dt.16-01-2023 3/3 24.11.2022, passed in Cr. Misc No. 44014 of 2022 by the co-ordinate Bench of this Court.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Pakridayal P.S. Case No. 122 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari. (Sunil Kumar Panwar, J) nirajkrs/- U T