Umesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1105 of 2022 Arising Out of PS. Case No.-813 Year-2020 Thana- SONEPUR District- Saran ====================================================== 1.
Umesh Singh Son Of Bhola Singh Resident Of Village - Sabalpur, Bengali Tola, P.S. - Sonepur, District - Chapra.
2.
Vijendra Singh Son Of Bhola Singh Resident Of Village - Sabalpur, Bengali Tola, P.S. - Sonepur, District - Chapra.
3.
Sonu Kumar Son of Upendra Singh @ Birendar Singh Resident of Village - Sabalpur, Bengali Tola, P.S. - Sonepur, District - Chapra. ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kalyan Shankar, Advocate Ms/Mrs. Smita, Advocate For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2022 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in Sonepur P.S. Case No.813 of 2020, registered for the offence under Section 147, 148, 448, 504, 506, 323, 324, 325, 307, 379, 302 of the Indian Penal Code.
Learned counsel for the petitioners submits that it is evident from the FIR itself that these petitioners are not the assailant of the deceased. petitioner no.1 assaulted informant's cousin Bhula on his head by means of iron rod causing head injury. Petitioner no.2 and co-accused Mithun knocked Mantu,
Patna High Court CR. MISC. No.1105 of 2022(2) dt.25-07-2022 2/2 cousin of the informant, down on ground and assaulted him with iron rod. It is further submitted that there is case and counter case. As a matter of fact informant is aggressor and he assaulted wife of co-accused Upendar Singh causing fracture injury in her hand. It is further submitted that there is delay of 14 days in lodging of the FIR and there is no plausible explanation of delay. Similarly situated co-accused has already been allowed pre-arrest bail by a co-ordinate bench of this Court vide order dated 29.3.2022, passed in Cr.Misc.No. 35821 of 2021. Petitioners claim clean antecedent.
Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Sonepur Police Station Case No. 813 of 2020, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T