Rocky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70068 of 2023 Arising Out of PS. Case No.-261 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== 1.
Rocky Kumar S/O Sri Arun Singh R/O Vill-Beldha, Ps- Warisaliganj, DistNawada 2.
Lala Kumar S/O Sri Siyaram Singh @ Sriram Singh R/O Vill-Beldha, PsWarisaliganj, Dist-Nawada 3.
Uttam Kumar S/O Sri Shatrughan Singh R/O Vill-Beldha, Ps- Warisaliganj, Dist-Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaishnavi Singh For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 341, 323, 324, 302 and 34 of the Indian Penal Code.
3. As per allegation in the F.I.R., while the informant along with younger brother went to harvest the crop in the field, the accused persons including petitioners armed with lathi, danda and iron rod came there and started abusing and assaulting to both brothers. During assault co-accused Manoj Singh assaulted his brother Vijay Singh by means of iron rod at
Patna High Court CR. MISC. No.70068 of 2023(2) dt.02-11-2023 2/3 the left temporal region due to which he fell down and became unconscious and co-accused Annadi Singh assaulted the informant by rod on the right hand due to which he received injury. On hulla villagers assembled there due to which accused persons fled away. Thereafter, the villagers took the informant and his brother to hospital for treatment but his brother died during course of treatment.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. General and omnibus allegation has been levelled against the petitioners and no specific allegation of assault is attributed to them. The specific overt act of assaulting is against the coaccused Manoj Singh who assaulted by means of iron rod to the informant's brother (deceased) due to which he succumbed to his injury and co-accused Anandi Singh who assaulted to the informant by rod due which he received injury in his hand. Petitioners are languishing in judicial custody since 24.06.2023.
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
Patna High Court CR. MISC. No.70068 of 2023(2) dt.02-11-2023 3/3 period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Nawada in connection with Warisaliganj P.S. Case No. 261 of 2023.
(Sunil Kumar Panwar, J) lata/- U T