Patna High CourtCR. MISC./60777/2024bail granted

Subham Singh @ Manish Kumar Singh @ Shubham Singh v. The State Of Bihar

2024-09-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60777 of 2024 Arising Out of PS. Case No.-94 Year-2024 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Subham Singh @ Manish Kumar Singh @ Shubham Singh Son Of Navin Singh Resident Of Village - Kuddi, P.S. - Chand, District - Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chand P.S. Case No. 94 of 2024 dated 05.06.2024 registered for the offences punishable u/ss 307, 341, 323, 326, 504 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant's son was fishing in his pond by putting a net, in the meantime, the petitioner came and started abusing and demanding fish forcefully. When the informant's son denied the same, the petitioner took the sword from his father and pierced the sword from behind on the left side of the back of the informant's son

Patna High Court CR. MISC. No.60777 of 2024(2) dt.04-09-2024 2/3 due to which he sustained injury and blood started oozing. The informant's son fell down and became unconscious. Chandrawati Devi (petitioner's mother) and the three others also assaulted the informant's son on his chest with lathi and rod. On hulla, the villagers came there then the accused persons fled away from the spot. Thereafter, the informant's son was taken to the hospital for treatment.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between the parties. The injury report of Radhe Bind suggest one penetrating wound caused by sharp pointed and hard object which is on final report opined the same to be grievous in nature as stated in para 12 of the bail petition. The present case has been compromised between the parties and the injured Radhey Bind by appearing in person says that his medical condition after treatment is better and he has also compromised the case due to social interference by well wishers of both sides as stated in last paragraph of the impugned order. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.06.2024.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.60777 of 2024(2) dt.04-09-2024 3/3 opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur at Bhabua in connection with Chand P.S. Case No. 94 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T