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Suraj Kumar Singh Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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Patna HC
2024
Suraj Kumar Singh Vs The State of BiharSuraj Kumar Singh v. The State of Bihar

Allowed¶18

Suraj Kumar Singh v. The State of Bihar

Patna HC19 Mar 2024CR. MISC./85826/2023

Case brief

AI extract

What is this about?

Suraj Kumar Singh v. The State of Bihar; Patna High Court Criminal Miscellaneous No.85826 of 2023, decided 19-03-2024 by Partha Sarthy, J (oral order). Regular bail granted in Ara Muffasil P.S. Case no.297 of 2023, District Bhojpur, registered under sections 304, 120B and 34 of the Indian Penal Code; death by electrocution from electric fencing around a pond; petitioner alleged to have arranged the fencing; defence claimed pure accident and false implication; petitioner in custody since 19.7.2023 (over 8 months); chargesheet submitted; bail bond Rs.10,000/- with two like sureties before A.C.J.M. VII, Bhojpur at Ara; co-accused Ramdhan Singh and Satrudhan Singh bailed vide order dated 8.2.2024 in Cr. Misc. no.73322 of 2023; counsel: Awdhesh Kumar Pandey (petitioner), Rina Sinha APP (State), Shiv Prasad Gupta (informant).

What did the court decide?

Petitioner enlarged on regular bail in Ara Muffasil P.S. Case no.297 of 2023 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M. VII, Bhojpur at Ara.

Why is it important?

Having heard both sides and taking into consideration the nature of the allegation in the F.I.R., the petitioner's custody of more than 8 months since 19.7.2023, submission of the chargesheet, and bail already granted to co-accused Ramdhan Singh and Satrudhan Singh (order dated 8.2.2024 in Cr. Misc. no.73322 of 2023), the Court directed the petitioner to be enlarged on bail in Ara Muffasil P.S. Case no.297 of 2023 on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M. VII, Bhojpur at Ara. ¶18

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail in Ara Muffasil P.S. Case no.297 of 2023 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M. VII, Bhojpur at Ara.

Issue for consideration

Whether the petitioner, arraigned in Ara Muffasil P.S. Case no.297 of 2023 registered under sections 304, 120B and 34 of the Indian Penal Code, should be granted regular bail. +1 more

Court's answer

Having heard both sides and taking into consideration the nature of the allegation in the F.I.R., the petitioner's custody of more than 8 months since 19.7.2023, submission of the chargesheet, and bail already granted to co-accused Ramdhan Singh and Satrudhan Singh (order dated 8.2.2024 in Cr. Misc. no.73322 of 2023), the Court directed the petitioner to be enlarged on bail in Ara Muffasil P.S. Case no.297 of 2023 on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M. VII, Bhojpur at Ara.

Detailed headnote1 paragraphs

Bail - regular bail granted. Petitioner, accused in Ara Muffasil P.S. Case No. 297 of 2023 under sections 304, 120B and 34 IPC arising out of the death of the informant's father by electric current in fencing around a pond the deceased regularly visited (prosecution: petitioner had the fencing done; defence: pure accident), enlarged on bail. Grounds weighed by the Court: nature of allegation in the F.I.R., custody exceeding eight months since 19.7.2023, chargesheet submitted, and bail earlier granted to co-accused Ramdhan Singh and Satrudhan Singh vide order dated 8.2.2024 in Cr. Misc. no.73322 of 2023. Conditions: 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. Bench and date: Partha Sarthy, J.; 19-03-2024 (oral order).

A

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

3 19-03-2024 1. Heard learned counsel for the parties.

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.

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.

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.

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.

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

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner, arraigned in Ara Muffasil P.S. Case no.297 of 2023 registered under sections 304, 120B and 34 of the Indian Penal Code, should be granted regular bail.¶11
The court held
Having heard both sides and taking into consideration the nature of the allegation in the F.I.R., the petitioner's custody of more than 8 months since 19.7.2023, submission of the chargesheet, and bail already granted to co-accused Ramdhan Singh and Satrudhan Singh (order dated 8.2.2024 in Cr. Misc. no.73322 of 2023), the Court directed the petitioner to be enlarged on bail in Ara Muffasil P.S. Case no.297 of 2023 on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M. VII, Bhojpur at Ara.ratio¶18
2.
Whether the nature of the allegation in the F.I.R. - death of the informant's father by electric current in fencing allegedly arranged by the petitioner despite knowing the deceased visited the spot daily (contended by defence to be pure accident) - weighed against grant of bail.medium confidence¶17

Statutes considered

1 provisions across 1 enactments

AI extract

Indian Penal Codesections 304, 120B and 34¶11

Procedural history

How this case reached the court

AI extract

Prior proceeding
Application arises out of P.S. Case No.-297 of Year-2023, Thana Ara Muffsil, District Bhojpur.¶2
Prior proceeding
Prosecution version: informant's father died from electric current in fencing around a pond he regularly visited; petitioner alleged to have arranged the fencing.¶12
Prior proceeding
Petitioner in custody since 19.7.2023.¶13
Prior proceeding
Chargesheet submitted in the case.¶15
Prior proceeding
Co-accused Ramdhan Singh and Satrudhan Singh had been granted bail vide order dated 8.2.2024 passed in Cr. Misc. no.73322 of 2023.¶18

Parties & counsel

AI extract

petitioner
Suraj Kumar Singh son of late Brahmeshwasr Singh, r/o Village Khajuria, P.S. Ara Muffasil, District Bhojpur¶4
Mr. Awdhesh Kumar Pandey
respondent
The State of Bihar¶7
Ms. Rina Sinha
other
Informant (personal name not stated in the text)¶7
Mr. Shiv Prasad Gupta

Coram

AI extract

Partha Sarthyauthor¶8

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 19 Mar 2024 · March
Registered: 26 Dec 2023
Case no.: CR. MISC./85826/2023
CNR: BRHC011147692023
Topic: Murder and Culpable Homicide
Bench: Partha Sarthy
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Suraj Kumar Singh v. The State of Bihar, CR. MISC./85826/2023 (PAT), decided on 19 March 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Indian Penal Codesections 304, 120B and 34

View all statutes

Procedural history5

Application arises out of P.S. Case No.-297 of Year-2023, Thana Ara Muffsil, District Bhojpur.
Prosecution version: informant's father died from electric current in fencing around a pond he regularly visited; petitioner alleged to have arranged the fencing.

View full history

Bench / Coram

Partha Sarthy

Parties & counsel