Krishna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77650 of 2023 Arising Out of PS. Case No.-190 Year-2023 Thana- NARHATT District- Nawada ====================================================== KRISHNA SINGH S/o late Chandrika Singh @ Late Chando Singh R/o Village - Khanwan, P.S.- Narhat, Dist.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Syed Ehteshamuddin For the Inf. Mr. Vibhuti Ranjan Sonvadra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

3. According to prosecution case, co-accused persons along with this petitioner assaulted the husband of the informant with lathi, dand and rod due to which the husband of the informant succumbed to the injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the behest of his enemies. There is no specific overt act of assaulting against the petitioner

Patna High Court CR. MISC. No.77650 of 2023(2) dt.05-12-2023 2/2 rather general and omnibus allegation has been levelled against all the accused persons including this petitioner. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide Annexure-2 of this petition. During investigation, no consistent evidence has come against the petitioner. Moreover, Petitioner has got clean antecedent and languishing in judicial custody since 08.07.2023.

5. Learned APP appearing for the state and learned counsel appearing for the informant has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Narhat P.S. Case No. 190 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Nawada.

(Sunil Kumar Panwar, J) sushma/- U