Awadesh Singh @ Awadhesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81265 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== Awadesh Singh @ Awadhesh Singh, S/O Late Ram Kumar Singh, Village Janakpur Pokhra Per Nabinagar, P. S.- Nabinagar, District- Aurangabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Nabinagar P.S. Case No. 315 of 2023 for the offence registered under Sections 308, 354, 323,, 341, 504/34 of the I.P.C. and later on 302 of the I.P.C. is added.
3. As per FIR, allegation against the petitioner along with other co-accused persons is of assaulting the informant by his leg due to which she sustained injuries internally and died during the course of treatment.
4. Learned senior counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. Petitioner is the neighbour of the informant and
Patna High Court CR. MISC. No.81265 of 2023(3) dt.07-02-2024 2/3 during the construction of a drainage, an altercation took place between the parties and no occurrence has taken place as alleged. He further submits that no case under Section 302 is made out against the petitioner. He further submits that similarly situated co-accused persons namely Rahul Kumar Singh and Rohit Kumar Singh have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 19.01.2024 passed in Cr. Misc. No. 64517 of 2023. The petitioner has no criminal antecedent and he is in jail custody since 03.08.2023. Charge-sheet has already been submitted against the petitioner and there is no chance of absconding of the petitioner or tampering with the evidence. The petitioner also undertakes to cooperate in trial.
5. Learned counsel appearing on behalf of the informant assisted by the State oppose the prayer for grant of bail to the petitioner.
6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.81265 of 2023(3) dt.07-02-2024 3/3 concerned court below in Nabinagar P.S. Case No. 315 of 2023. (Sunil Dutta Mishra, J) khushbu/- U T