Abnish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2984 of 2023 Arising Out of PS. Case No.-32 Year-2022 Thana- PIPRIYA District- Lakhisarai ====================================================== ABNISH SINGH S/o Late Ram Padarath Singh R/o Village- Hasanpur, P.S.- Pipariya, Distt- Lakhisarai (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sinha For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 323, 324, 307, 354B, 302, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner along with others is of brutally assaulting the brother of the informant by means of iron rod, Khanti and Kudal due to which he succumbed to injury.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that FIR has been lodged on 09.05.2022 at 09:00 AM despite the fact that information was

Patna High Court CR. MISC. No.2984 of 2023(3) dt.24-04-2023 2/2 received on 08.05.2022 at 6:20 PM itself but no explanation has been given of the said delay. All twelve accused persons including this petitioner assaulted on the body of the deceased by means of iron rod, Kudal and Khanti but the postmortem report shows cutting injury on the head, which does not corroborate the prosecution case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 12.05.2022. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 A.C.J.M.-1st, Lakhisarai in connection with Pipariya P.S. Case No. 32 of 2022.

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