Ram Bachan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79797 of 2023 Arising Out of PS. Case No.-123 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== Chandan Singh Son Of Rajendra Singh Village Bajen Ps Charpokhari District Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 83621 of 2023 Arising Out of PS. Case No.-123 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== 1.

Ram Bachan Singh Son Of Late Mundrika Singh Resident Of Village - Bajentola, P.S. - Charpokhari, District - Bhojpur 2.

Jitendra Singh Son Of Ram Bachan Singh Resident Of Village - Bajentola, P.S. - Charpokhari, District - Bhojpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 79797 of 2023) For the Petitioner/s :

Mr. Sunil Kumar For the State :

Mr. Aditya Narayan Singh.1 (In CRIMINAL MISCELLANEOUS No. 83621 of 2023) For the Petitioner/s :

Mr. Prabhat Kumar Singh For the State :

Ms. Nirmala Kumari For the Informant :

Mr. Radheshyam Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners, informant

Patna High Court CR. MISC. No.79797 of 2023(3) dt.31-01-2024 2/3 and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 341, 323, 447, 307, 506, 302/34 of the Indian Penal Code.

3. The allegation against the petitioners along with others is of brutally assaulting the informant, his father and uncle due to which they sustained injury. It is further alleged that the father of the informant succumbed to injury.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to old dispute. They have committed no offence. There is general and omnibus allegation against the petitioners and no specific overt act of assaulting against them. He submitted that during course of investigation no any independent witnesses have come forward to support the prosecution case. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody for about seven months.

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 petitioners

Patna High Court CR. MISC. No.79797 of 2023(3) dt.31-01-2024 3/3 on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Charpokhari P.S. Case No. 123 of 2023.

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