Heman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54010 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- DESARI District- Vaishali ====================================================== 1.

HEMAN SINGH S/o Late Lakhan Singh R/o village- Sarai Dhanesh, P.S.- Desari (Sahdai O.P.), District- Vaishali 2.

Ranjeet Singh @ Ranjeet Kumar Singh S/o Heman Singh R/o village- Sarai Dhanesh, P.S.- Desari (Sahdai O.P.), District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-10-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Desari P.S. Case No. 167 of 2019 registered for the offence punishable under Sections 341, 323, 324, 302/34 of the Indian Penal Code.

Informant who in his written complaint has stated that on 24.05.2019 at about 8:00 AM petitioners and other coaccused came at his door and abused her and thereafter petitioner No. 2 Ranjit Kumar and co-accused Sanjeev Kumar caught hold hand of her husband and petitioner No. 1 Heman Singh assaulted him by means of SAWAL, as a result of which

Patna High Court CR. MISC. No.54010 of 2019(3) dt.01-10-2019 2/3 he fell down and thereafter co-accused Dharmshila Devi, Munni Kumari, Ruma Devi and Chandani Devi pressed his neck, as a result of which he died on the spot.

It has been submitted on behalf of petitioners that they are innocent and have been falsely implicated in this case due to previous enmity. There is land dispute between the parties. No external injury was found over the body. It has been further submitted that petitioner No. 1 is old person and petitioner No. 2 is his son. Petitioners have no criminal antecedent and they are in custody since 25.05.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Vaishali at Hajipur, in connection with Desari P.S. Case No. 167 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bonds.

Patna High Court CR. MISC. No.54010 of 2019(3) dt.01-10-2019 3/3

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) veena/- U