Vinay Kumar Singh @ Vinay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70212 of 2023 Arising Out of PS. Case No.-283 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== VINAY KUMAR SINGH @ VINAY SINGH S/o Late RamKinkar Singh Village-Badheya, P.S.-Mirganj, District-Gopalganj. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Adesh Raj For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the informant.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.
3. As per allegation in the FIR, while the informant was returning to him house after throwing the cow dung from the bathan, the accused persons including petitioner caught him and petitioner started beating him with the rod due to which he fell down, in the same way co-accused Alok Kumar Singh and Aditya Kumar Rai were hit at several places in his hand and legs with the knife due to which he got seriously injured. Co-accused Satyam Kumar Rai and Alok Kumar Singh with intention to kill him attacked him with a knife on his neck which hit his left arm
Patna High Court CR. MISC. No.70212 of 2023(2) dt.03-11-2023 2/3 and got cut.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Both the parties are Gotiya and several land dispute between both the parties. The is no eye witness of the alleged occurrence. General and omnibus allegation has been levelled against the petitioner. No specific allegation of any kind of overt act is alleged against the petitioner. The specific allegation against the co-accused Alok Kumar Singh and Satyam Kumar Rai. Durig whole investigation, no any independent witness stated about the petitioner and injury report of the informant is simple in nature. Petitioner is languishing in judicial custody since 04.08.2023.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.
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
Patna High Court CR. MISC. No.70212 of 2023(2) dt.03-11-2023 3/3 satisfaction of the learned Additional Chief Judicial MagistrateXV, Gopalganj in connection with Mirganj P.S. Case No.283 of 2023.
(Sunil Kumar Panwar, J) lata/- U T