Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64517 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.

Rahul Kumar Singh S/O Awadesh Singh R/O Village- Janakpur(Surar), P.SNabinagar, Distt.- Aurangabad. 2.

Rohit Kumar Singh S/O Awadesh Singh R/O Village- Janakpur(Surar), P.SNabinagar, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2024 Heard learned senior counsel for the petitioners and learned APP for the State.

2. The petitioners apprehends their arrest in a case in connection with Nabinagar P.S. Case No. 315/2023, registered for the offences punishable under Sections 308, 354, 323, 341, 504/34 later on added section 302 of the Indian Penal Code.

3. As per F.I.R., allegation against the petitioners along with other co-accused are of assaulting the informant by slap and fist, and also by leg, but later on during treatment, informant died.

4. It is submitted by learned senior counsel for the petitioners that the petitioners have falsely been implicated in

Patna High Court CR. MISC. No.64517 of 2023(3) dt.19-01-2024 2/2 the present case. Petitioners have got no criminal antecedent mentioned in Para 3 of the bail application. He further submits that there is specific allegation against the co-accused Awadesh Singh who assaulted the informant on her chest by feet due to which she suffered grievous injury. There is no specific allegation against the petitioners. The postmortem report does not support the prosecution case.

5. Learned APP for the State and learned counsel for the informant have opposes the prayer for bail and submits that petitioners are also involved present occurrence.

6. Having regard to the facts and circumstances of the case and also there is no specific allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with Nabinagar P.S. Case No. 315/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Ranjeet/- U T