Dinesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52991 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -HULASGANJ District- JEHANABAD ====================================================== Dinesh Singh, son of Late Rajendra Singh, Resident of Village- Dadpur, P.S.- Hulasganj, District- Jehanabad .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 19.08.2016 in connection with Hulasganj P.S. Case No. 26/16 registered for the offences punishable under Sections 341, 323, 307, 302/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while his two brothers were going to attend a Tilak ceremony, on way, some miscreants have brutally assaulted them, as a result of which, they fell down from the bridge and both sustained injury. Later on, his younger brother Shivendra Kumar succumbed to his injuries.
It has been submitted by the learned counsel for the petitioner that he is innocent, initially First Information Report
Patna High Court Cr.Misc. No.52991 of 2016 (2) dt.20-12-2016 2/2 was lodged against unknown, but later on informant, in his statement under Section 164 of the Cr.P.C., named the petitioner and others, which creates doubt about the prosecution case. He submits that two co-accused, on similar allegation, have since been granted privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 43596 of 2016 on 14.12.2016. He further submits that there is no motive behind the alleged occurrence. However, learned A.P.P. for the State opposes the prayer for bail.
Be that as it may, since other co-accused, on similar allegation, have been granted the privilege of bail, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jehanabad, in connection with Hulasganj P.S. Case No. 26/16.
(Nilu Agrawal, J.) Rajesh/- U T