Onkar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31261 of 2014 Arising Out of PS.Case No. -56 Year- 2013 Thana -SIKANDARA District- JAMUI ======================================================

1. Onkar Singh Son of Kishori Singh, Resident of village- Kumar, P.s.- Sikandra, District- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Sadanand Paswan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner, learned Additional Public Prosecutor and learned counsel for the informant.

Arjun Chaudhary disclosed that Sakiya Rajak informed him that his father was assaulted and he was laying injured. The informant further alleged that his father also disclosed that Onkar Singh and Simbu Singh assaulted him with lathi.

Learned counsel for the petitioner submits that informant is not an eye witness of the occurrence and Sakiya Rajak did not disclose the name of any accused persons. The informant stated that his father disclosed that Onkar and Simbu have assaulted him with lathi. One injury

Patna High Court Cr.Misc. No.31261 of 2014 (4) dt.20-01-2015 2/3 was found on the head and another on the forearm. Simbu Singh has already been acquitted. It is further submitted that the deceased is said to have disclosed about the assault before his death but no other persons except the informant stated the fact that the deceased made any oral dying declaration. On the other hand learned counsel for the informant has submitted that Onkar Singh assaulted the deceased and Simbu Singh did not assault the deceased that is why he has been acquitted. The petitioner was absconded. From the perusal of the record it appears that the informant is not an eye witness of the occurrence and Sakiya Rajak has said about the occurrence but did not disclose name of any of the assailants.

The informant claimed that his father before death disclosed about the assailant as Onkar Singh and Simbu Singh but the deceased did not disclose who assaulted where. During the course of investigation some similar allegation has been labeled against both the accused but Sombu Singh have already been acquitted as none of the witness disclosed about the assault made by Simbu Singh. It appears that witnesses have made omnibus and general allegation of assault against the petitioner. The petitioner is in jail since 22.08.2013.

Patna High Court Cr.Misc. No.31261 of 2014 (4) dt.20-01-2015 3/3 Considering the aforesaid facts, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J-Ist, Jamui in S.T. No. 582 of 2013 arising out of Sikandra P.S. Case No. 56 of 2013.

(Prabhat Kumar Jha, J) M.Rahman/- U T