Govind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62639 of 2022 Arising Out of PS. Case No.-174 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== GOVIND KUMAR SINGH Son of Mahendra Singh R/v- Bishanpur, P.S.- Jandaha, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64114 of 2022 Arising Out of PS. Case No.-174 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== MOHAN KUMAR @ KUNDAN KUMAR S/O Kamaldeo Paswan R/O Village- Bishunpur, P.S- Jandaha, District- Vaishali ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 62639 of 2022) For the Petitioner/s :

Mr. Ajay Kumar Thakur, Ms.Vaishnavi Singh For the Opposite Party/s :

Mr.Satyendra Prasad, APP (In CRIMINAL MISCELLANEOUS No. 64114 of 2022) For the Petitioner/s :

Mr. Pushkar Narain Shahi, Sr. Advocate Mr.Shivam Ms. Diksha Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-03-2023 Heard the learned counsel for the petitioners and learned APP for the State.

This is an application for regular bail on behalf of the petitioners for the offences alleged under Section 302/34 of the Indian Penal Code, registered in connection with Jandaha P.S.Case No. 174 of 2022.

As per allegation, both the petitioners took away the deceased on their motor-cycle and after some time, they brought

Patna High Court CR. MISC. No.62639 of 2022(3) dt.28-03-2023 2/3 him at his darwaza in injured condition and thereafter dropped him at his house in unconscious state and fled away therefrom. The learned counsel for the petitioners has submitted that the occurrence is said to have taken place on 10.06.2022, but the FIR was lodged on 13.06.2022. It is submitted further that had the petitioners any intention to assault the deceased or to kill him, they would not have dropped him at his house. It is also submitted that no motive has been assigned at all for assaulting the deceased. The petitioners are in custody since 17.06.2022 and 27.06.2022, respectively.

On the other hand, the learned APP has opposed the prayer, submitting that the witnesses have supported the occurrence in the case diary and the post-mortem report shows that ante-mortem injuries are present on the person of the deceased, to which the learned counsel for the petitioners has submitted that merely because there are some injuries on the person of the deceased, it cannot be inferred that the petitioners were the assailants.

Considering the above facts and circumstances, let the petitioners, above-named, 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 learned Judicial

Patna High Court CR. MISC. No.62639 of 2022(3) dt.28-03-2023 3/3 Magistrate 1st Class, Vaishali at Hajipur in connection with Jandaha P.S.Case No. 174 of 2022, subject to the following conditions:-

1. The petitioners shall cooperate in the disposal of trial and make available as and when required by the court.

2. If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T