Patna High CourtCR. MISC./70926/2024bail granted

Kunwar Singh v. The State Of Bihar

2024-12-03Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70926 of 2024 Arising Out of PS. Case No.-212 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== Kunwar Singh S/O Late Radha Kishun Singh R/O Village- Sri Nagar, P.SMairwa, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Mairwa P.S. Case No. 212 of 2024 instituted for the offences under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the co-accused persons including the petitioner pushed the mother of the informant due to which she fell down and sustained injuries. Thereafter, informant's mother was taken to the hospital where she was declared dead.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case due to previous long going enmity. Learned counsel for the petitioner submits that general and omnibus allegation has been made

Patna High Court CR. MISC. No.70926 of 2024(3) dt.03-12-2024 2/2 against the petitioner. No specific overt act is alleged against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.07.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner and submitted that several witnesses have supported the case of the prosecution during the investigation.

6. Considering the aforesaid facts and circumstances of the case and there being no specific allegation against the petitioner of assaulting or pushing the deceased as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mairwa P.S. Case No. 212 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T