Suraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85826 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== SURAJ KUMAR SINGH SON OF LATE BRAHMESHWASR SINGH R/O VILLAGE- KHAJURIA, P.S.- ARA MUFFASIL, DISTRICT- BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awdhesh Kumar Pandey, Advocate For the Opposite Party/s :
Ms. Rina Sinha, APP For the Informant : Mr. Shiv Prasad Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-03-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Ara Muffasil P.S. Case no.297 of 2023 registered under sections 304, 120B and 34 of the Indian Penal Code.
3. As per the prosecution case, the father of the informant died as a result of electric current in the fencing which was done around the pond where the father of the informant regularly used to visit. It is stated that it was the petitioner who had got the electric fencing done.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. From the contents of the F.I.R. itself, it would be evident that it is a case of pure accident. The petitioner is in custody since 19.7.2023
Patna High Court CR. MISC. No.85826 of 2023(3) dt.19-03-2024 2/2 and chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is named in the F.I.R. but he is the main accused in so far as he was the person who got the electric fencing done knowing fully that the father of the informant regularly used to visit the place every morning resulting in the death of the informant's father.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., the petitioner having remained in custody for more than 8 months since 19.7.2023, chargesheet having been submitted in the case as also grant of bail to co-accused Ramdhan Singh and Satrudhan Singh vide order dated 8.2.2024 passed in Cr. Misc. no.73322 of 2023, the Court directs the petitioner to be enlarged on bail in connection with Ara Muffasil P.S. Case no.297 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VII, Bhojpur at Ara. (Partha Sarthy, J) Saurabh/- U T