Kusheshwar Singh @ Kuso Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2240 of 2017 Arising Out of PS.Case No. -190 Year- 2016 Thana -TEGHRA District- BEGUSARAI ======================================================
1. Kusheshwar Singh @ Kuso Singh, S/o Ramswarup Singh,
2. Niraj Kumar, S/o Kusheshwar Singh @ Kuso Singh, both are resident of village - Adharpur, P.S. Teghra, District - Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Anand, Advocate Mr. Binod Kumar, Advocate For the Opposite Party/s : Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 04-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The Petitioners seek bail in Teghra P.S. Case No.190 of 2016 instituted for the offence under Section(s) 147, 148, 149, 447, 341, 342, 324, 504, 506, 323, 302 Indian Penal Code. It has been submitted that there is general and omnibus allegation against this petitioner. One of the co-accused with similar allegation has been granted bail by a co-ordinate Bench of this Court by order dated 22.12.2016 passed in Cr.Misc.No.54787 of 2016.
From the written report, it appears that there is specific allegation against co-accused, Chandan, of assaulting the
Patna High Court Cr.Misc. No.2240 of 2017 (2) dt.04-02-2017 2/2 father of the Informant with iron rod on his head. Similarly, there is specific allegation against co-accused, Bandhan Kumar, of assaulting the father of the Informant on his head on account of which he fell down unconscious. It is alleged that other accused persons assaulted with lathi, Danda etc.
The Sessions Judge has mentioned in the impugned order that the doctor has opined in the Post Mortem Examination Report that cause of death was hypoglycemic shock and head injury by sharp cutting weapon. The petitioner is in custody since 16.08.2016.
In view of such, let the Petitioners, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Teghra P.S. Case No.190 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioners.
(Sanjay Priya, J) JA/- U T