Narayan Singh And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27812 of 2015 Arising Out of PS.Case No. -41 Year- 2014 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Narayan Singh S/o Late Muneshwar Singh @ Muneshwar Singh

2. Avinash Singh @ Abinash Kumar Singh S/o Kedar Nath Singh

3. Astosh Kumar Singh @ Ashutosh Kumar Singh S/o Kedar Nath Singh

4. Nawbnit Singh @ Navnit Kumar Singh S/o Kedar Nath Singh

5. Pankaj Kumar Singh S/o Shyam Sunder Singh

6. Alok Kumar Singh S/o Shyam Sunder Singh

7. Amlesh Kumar Singh @ Amalesh Kumar Singh S/o Narayan Singh @ Narayan Singh All are resident of village - Tumaul, P.S. Ghanshyampur, District - Darbhanga ....... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Satyavarta Verma, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-08-2015 Heard both sides.

The petitioners seek bail in a case under Sections 302, 307 and other Sections of the Indian Penal Code. The informant named 15 persons in the FIR. No specific allegation of assault is made against any of the accused persons. But during the course of the investigation, it has come

Patna High Court Cr.Misc. No.27812 of 2015 (2) dt.03-08-2015 2/2 that Shyam Sundar Singh, one of the accused, assaulted Dinesh Kumar Singh with bamboo stick on his head and on account of that injury Dinesh Kumar Singh died. It is alleged that petitioner no.2 Avinash Singh @ Abinash Kumar Singh assaulted the grandfather of the informant, namely, Triveni Prasad Singh, by 'farsa' on his head. Thereafter Narayan Singh and Abinash Kumar Singh are alleged to have assaulted the grand-father and uncle of the informant. Dinesh Kumar Singh died during course of treatment. Narendra Kumar Singh, the uncle of the informant and Triveni Prasad Singh, grand-father of the informant, received simple injuries.

The informant did not make any specific allegation in the FIR about the assault made by the accused on Dinesh Kumar Singh, but during the course of investigation, it is disclosed that it was Shyam Sundar Singh with the bamboo stick assaulted the deceased. Similarly situated co-accused Kedarnath Singh has already been enlarged on bail.

Considering the facts aforesaid, the above named petitioners are directed to be enlarged 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 Sri Sudhir Kumar Sinha, Judicial Magistrate 1st Class, Biraul, District Darbhanga, in Ghanshyampur PS Case No. 41 of 2014.

(Prabhat Kumar Jha, J) mrl U