The Court allowed bail to the petitioners charged under sections 307 and 302 of the IPC in an assault case where an informant's uncle died. Bail was granted as a co-accused had already been released, and the petitioner had clean antecedents.
Bail granted on furnishing a bond of Rs.10,000 each with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4335 of 2021
Arising Out of PS. Case No.-344 Year-2020 Thana- SONEPUR District- Saran
======================================================
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioners : Mr.Udbhav, Advocate For the Opposite Party : Mr. SK Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 22-06-2021
Heard learned counsel for the petitioners and the
State.
Petitioners seek bail in a case registered for the offence punishable under section 307/302 and other ancillary sections of the Indian Penal Code.
As per the prosecution case, petitioners and other accused persons, all named in the FIR, abused and assaulted informant’s uncle. Meanwhile, petitioner no.2 and other accused persons assaulted him with sword and dab. Accused Papu Singh is alleged to have cut the neck of the victim with
Patna High Court CR. MISC. No.4335 of 2021(3) dt.22-06-2021 2/3
garasi.
Learned counsel for the petitioners submits that there is general and omnibus allegation of assault against the petitioners. Co-accused Papu Singh is alleged to have cut the neck of the informant’s uncle causing his instant death and the doctor has also found single injury on the neck of the deceased. Petitioners have got clean antecedent as stated in paragraph 3 of the bail petition. Petitioners are in custody since 16.6.2020 and 29.6.2020 respectively. Investigation is complete. Similarly situated co-accused Hare Ram Singh has already been allowed bail by a co-ordinate bench of this Court vide order dated 26.4.2021, passed in Cr.Misc.No. 38451/2020.
Learned counsel for the State and the informant oppose the prayer for bail.
Considering the rival submissions of the parties, materials available on the record and the fact that there is general and omnibus allegation against the petitioners and similarly situated co-accused has already been allowed bail by a co-ordinate bench of this Court, let the petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate,
Patna High Court CR. MISC. No.4335 of 2021(3) dt.22-06-2021 3/3
Saran at Chapra in Sonepur Police Station Case No. 344 of 2020 on the following conditions:-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J)
Shashi
1 issue framed by the court
Whether the petitioners entitled to be enlarged on bail in a case involving offences punishable under sections 307 and 302 of the IPC.
1 provisions across 1 enactments
Munna Singh
Chhotu Singh
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
