Brajesh Kumar Singh @ Brajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78731 of 2018 Arising Out of PS. Case No.-56 Year-2016 Thana- BHAGWAN BAZAR District- Saran ====================================================== Brajesh Kumar Singh @ Brajesh Singh son of Late Baleshwar Singh, Permanent resident Mohalla-Jagdeo Nagar, P.S.-Nawada, District-Bhojpur at Ara, at present resident of mohalla-Rajendra Sarobar , Power House colony, near Bus stand, P.s. Bhagwan Bazar, District-Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Trial No. 722 of 2016 arising out of Bhagwan Bazar P.S. Case No. 56 of 2016 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

Informant who is the wife of the deceased has alleged in her fardbeyan that on 21.02.2016 on some altercation between their children, her husband went to the house of accused persons to inquire about the incident where petitioner along with other co-accused assaulted him as a result of which he sustained grievous injury and thereafter died in course of treatment.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The

Patna High Court CR. MISC. No.78731 of 2018(4) dt.26-02-2019 2/3 allegation against him is false and concocted. Husband of the informant died due to falling on Iron Bim in course of scuffle. Petitioner has got no criminal antecedent and is in custody since 20.10.2016.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Xth Additional Sessions Judge, Saran at Chapra, in connection with Trial No. 722 of 2016 arising out of Bhagwan Bazar P.S. Case No. 56 of 2016, with following conditions:- (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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.78731 of 2018(4) dt.26-02-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) manoj/- U T