Sudarshan Singh @ Gudari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65203 of 2023 Arising Out of PS. Case No.-300 Year-2022 Thana- BANIAPUR District- Saran ====================================================== SUDARSHAN SINGH @ GUDARI SINGH S/O LATE JANG BAHADUR SINGH R/O VILLAGE- PITHOURI, P.S- BANIYAPUR, DISTT.- SARAN. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323 and 302/34 of the Indian Penal Code.

3. As per prosecution case, when the informant along with his family members were at their house, in the meantime, the accused persons including these petitioners came there and started assaulting them. The co-accused Jitendra Singh having barchi in his hand pierced in the left side of the chest of the informant's brother namely, Dhananjay Singh with intention to kill him and due to which he sustained injury. Thereafter, he was taken to hospital and during course of treatment he died.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.65203 of 2023(2) dt.12-10-2023 2/2 that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. Both the parties have litigating term since long and due to which he has been falsely implicated in the present case. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. He further submitted that the others co-accused have already been granted bail by this Bench vide order dated 09.02.2023 passed in Cr. Misc. No. 53938 of 2022. He is languishing in judicial custody since 02.01.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to 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 Court concerned in connection with Baniyapur P.S. Case No. 300 of 2022.

(Sunil Kumar Panwar, J) Arish/- U T