Punch Raj Singh @ Panch Raj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77028 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== PUNCH RAJ SINGH @ PANCH RAJ SINGH Son of Late Sukhdev Singh Resident of Village - Milki, P.S.- Udwant Nagar, District- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr.Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Udwantnagar P.S. Case No. 154 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 of the Indian Penal Code in which Section 302 IPC has been added later on.

Learned counsel for the petitioner submits that though the petitioner is named in the FIR but no specific allegation of giving any assault to the deceased has been alleged against him. It is submitted that specific allegation of causing fatal injury to the deceased is against co-accused Laldhari Singh. It is further submitted that co-accused Jajan Singh has been granted regular bail by a learned co-ordinate Bench of this Court in Cr. Misc. No. 70039 of 2019 and the petitioner is in custody since

Patna High Court CR. MISC. No.77028 of 2019(2) dt.16-01-2020 2/3 17.08.2019 having no criminal antecedent.

Learned APP for the State has opposed the prayer of regular bail of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that the specific allegation of causing injuries which proved fatal to the deceased Mohan Singh has been specifically attributed to co-accused Laldhari Singh and that this petitioner is only named as person present with the co-accused and no specific overt act has been attributed him as also that co-accused Jajan Singh has been granted regular bail by a learned coordinate Bench of this Court in Cr. Misc. No. 70039 of 2019 and the petitioner is in custody since 17.08.2019 having no criminal antecedent, let the petitioner above named be released on bail in connection with Udwantnagar P.S. Case No. 154 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence

Patna High Court CR. MISC. No.77028 of 2019(2) dt.16-01-2020 3/3 similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T