Surendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78282 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- CHAORI District- Bhojpur ====================================================== SURENDRA SINGH, aged about 45 years Male, S/O Singhasan Singh, Resident of Vill - Yogi Karaicha (Dehari Tola), P.S.- Chauri, Dist- Bhojpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Rajani Ranjan Pd. Singh, Advocate.
For the Opposite Party :
Mr.Anand Mohan Prasad Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case for the offence registered under Sections 323, 341, 324 and 307/34 of the IPC. Later on, Section 302 of the IPC was also added. The prosecution story, in brief, is that on 13.05.2019 at about 12.00 P.M. in the night, the informant came to know that some dispute arose between his nephew and Nitesh Kumar so he went to solve the dispute but in the way, all F.I.R. named accused person including the petitioner started abusing and in the meantime, accused Gita Devi came and ordered to kill him upon which, all the accused started assaulting then his brother
Patna High Court CR. MISC. No.78282 of 2019(2) dt.02-12-2019 2/3 Yogendra Singh came to rescue him upon which the accused persons also assaulted his brother who died during treatment. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 16.07.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The alleged occurrence is said to have taken place at 12.00 P.M. in the night. Source of identification has not been disclosed by the prosecution. The case was instituted for an offence under Section 307 and other allied Sections of the IPC. Later on, after one week, Section 302 of the IPC was added.
General and omnibus allegation has been alleged against the petitioner. Neither specific overt act is alleged against the petitioner nor specific injury is alleged against the petitioner. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.
Patna High Court CR. MISC. No.78282 of 2019(2) dt.02-12-2019 3/3 Class, Bhojpur at Ara, in connection with Chauri P.S. Case No. 72 of 2019.
U.K./- (Sudhir Singh, J) U T