Patna High CourtCR. MISC./63530/2023bail granted

Sri Bhagwan Singh @ Bhagwan Singh v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63530 of 2023 Arising Out of PS. Case No.-302 Year-2023 Thana- OBRA District- Aurangabad ====================================================== 1.

Sri Bhagwan Singh @ Bhagwan Singh Son of Late Ragho Singh MohallaSatyendra Nagar, Road No. 3, Durga Mandir, PS- Aurangabad Town, DistAuranagabad 2.

Shiwam Kumar Singh @ Shiwam Kumar @ Ayush Kumar Son of Sri Bhagwan Singh @ Bhagwan Singh Mohalla- Satyendra Nagar, Road No. 3, Durga Mandir, PS- Aurangabad Town, Dist- Auranagabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar No.6, Advocate For the Opposite Party/s :

Mr. Ashok Kumar, Advocate Mr. Shankar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in a case instituted for the offences under Sections 341, 323, 504, 506, 379, 307/34, 325 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the petitioner no.1 along with co-accused is alleged to have assaulted the Informant and his brother by means of Garasa whereas the allegation against the petitioner no.2 is of assaulting the Informant, his brother and his father by iron rod.

4. It has been submitted on behalf of the petitioners

Patna High Court CR. MISC. No.63530 of 2023(2) dt.10-10-2023 2/2 that the petitioners are in custody since 17.07.2023. The petitioner no.2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. It is a case and a counter case between the parties. Free fight is alleged to have taken place between the parties. Injuries have been sustained by both the sides. Injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

5. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

6. Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Obra P.S. Case No. 302 of 2023.

(Sudhir Singh, J) rishi/- U T