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Patna High CourtCR. MISC./70039/2019bail granted

Jajan Singh v. The State Of Bihar

2019-11-19Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70039 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== JAJAN SINGH, aged about 44 years, (Male), Son of Late Sukhdeo Singh, Resident of Village - Milky, P.S.- Udwant Nagar In the Distt.- of Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Prabhu Narayan Sharma, Advocate.

For the State :

Mr.Sanjay Kumar Tiwary, A.P.P.

For the Informant : Mr. Kulanand Jha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks bail in a case for the offence registered under Sections 147, 148, 149, 341, 323 and 307 of the IPC. Later on, Section 302 of the IPC was also added. The prosecution story, in brief, is that on 23.04.2019 at about 12.30 P.M. F.I.R. named accused persons having armed with Lathi, Bhala and Iron rod came to the land of the informant and started erecting wall on his land. When the informant and his family members raised objection, co-accused Laldhari Singh having armed with Bhala assaulted the informant's uncle on his head causing forehead injury. Co-accused Bachha Singh

Patna High Court CR. MISC. No.70039 of 2019(2) dt.19-11-2019 2/3 assaulted with Iron rod to his uncle causing head injury. When her Fua came there, all accused persons assaulted her with Lathi and Dab as a result of which, she sustained injury. Injured was admitted in Sadar Hospital, Ara and thereafter referred to P.M.C.H., Patna.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 24.04.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is said to be a member of unlawful assembly. No specific overt act is alleged against the petitioner. The specific allegation is against co-accused Laldhari Singh and Bachha Singh.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M., Bhojpur, Ara, in connection with Udwant Nagar P.S. Case No.

Patna High Court CR. MISC. No.70039 of 2019(2) dt.19-11-2019 3/3 154 of 2019, being G.R.No. 1743 of 2019.

(Sudhir Singh, J) U.K./- U T