Aman Kumar Singh @ Bitu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56810 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- CHANDI District- Bhojpur ====================================================== 1.

Aman Kumar Singh @ Bitu Kumar Singh, Son of Mohan Singh @ Radha Mohan Singh Resident of Village - Bhagwatpur, P.S.- Chandi, District - Bhojpur.

2.

Rabi Kumar Singh @ Rabindra Kumar Singh, Son of Mohan Singh @ Radha Mohan Singh Resident of Village - Bhagwatpur, P.S.- Chandi, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Chandi P.S. Case No. 02 of 2019, registered under Sections 341, 323, 307, 302, 379 and 504/34 of the Indian Penal Code. The accusation is that in the evening of 05.01.2019, four persons named in the FIR including the petitioners came at the grocery shop of the informant, Rajesh Kumar Singh and made demand of grocery materials and when he asked to pay the money then all started to abuse him. When he made protest then Mohan Singh called his other family members through mobile. At that time, Mohan Singh gave axe blow causing injury at his head. On raising

Patna High Court CR. MISC. No.56810 of 2019(4) dt.11-12-2019 2/2 alarm, his father, Brij Kumar Singh, came there then Mohan Singh caused injury to him and also gave order to kill him then all started to cause injury to his father, Brij Kumar Singh. While his father was rushed to the hospital but he died in course of treatment. Learned counsel for the petitioners submits that while petitioners along with two others are named in the FIR with general allegation of causing assault to the father of the informant but there is specific allegation of co-accused, Mohan Singh to cause injury to the father of the informant. Further submission is that in the postmortem report, only two injuries on scalp were found on the father of the informant. Further submission is that petitioners are in custody since 28.01.2019 and on investigation, charge sheet has already been submitted by the police against the petitioners and two others named in the FIR.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.- XII, Bhojpur, Ara, in connection with Chandi P.S. Case No. 02 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T