Dablu Singh @ Satyendra Singh @ Satyendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5402 of 2024 Arising Out of PS. Case No.-290 Year-2022 Thana- ARIYARI District- Sheikhpura ====================================================== Dablu Singh @ Satyendra Singh @ Satyendra Kumar Singh, S/o Devendra Singh, R/o Village- Barsa, PS. Ariyari (Kasar O.P) District- Sheikhpura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate Ms. Vanshikha Nupur, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-04-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Ariyari (Kasar O.P.) P.S. Case no. 290 of 2022, registered under sections 341, 323, 325, 379, 504, 506 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.
3. As per the prosecution case, the informant states that as a result of land dispute, the three named accused persons including the petitioner herein assaulted her mother with a laathi leading to serious injuries and death of the injured in course of treatment.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.5402 of 2024(4) dt.10-04-2024 2/3 petitioner has been falsely implicated in the case. No such occurrence as alleged in the F.I.R has taken place. The cause of false implication is evident from the contents of the F.I.R itself wherein it has been stated that there is land dispute between the parties. The postmortem report states the cause of death to be as a result of infection after the operation which the injured underwent.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the material that has transpired in course of investigation especially the contents of the postmortem report together with the petitioner having remained in custody since 12.9.2023, chargesheet having been submitted in the case not under section 302 of the Indian Penal Code and the co-accused namely Mukesh Singh and Shankar Singh having been enlarged on bail vide a common order dated 13.12.2023 passed in Cr. Misc. no.64020 of 2023 and Cr. Misc. no.62139 of 2023 respectively, the petitioner is directed to be enlarged on bail in connection with Ariyari (Kasar O.P.) P.S. Case no.290 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.5402 of 2024(4) dt.10-04-2024 3/3 sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Sheikhpura. (Partha Sarthy, J) avinash/- U T