Anti Singh @ Shiv Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1091 of 2020 Arising Out of PS. Case No.-188 Year-2018 Thana- NOKHA District- Rohtas ====================================================== ANTI SINGH @ SHIV SHANKAR RAI Son of Ramayan Rai @ Ramayan Singh Resident of Village - Bhaisahi Khurd, P.S.- Sasaram (Muffasil), Distt - Rohtas.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the first part of written report, 15 named accused persons including the petitioner are said to have shot at the nephew of the informant and dragged him to quite some distance resulting into his death while in second part of the same, it is alleged that co-accused Saroj Singh, Vikash Singh, Kedar Pandey and Manjit Singh had resorted firing upon the deceased.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. There is no specific allegation of assault against the petitioner.

Patna High Court CR. MISC. No.1091 of 2020(2) dt.20-01-2020 2/2 Similarly, situated co-accused person has been granted bail by a co-ordiante Bench of this Court as contained in Annexure 3. Petitioner has no criminal antecedent and he is in custody since 15.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Nokha P.S. Case No. 188/2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T