Raj Kumar Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.16206 of 2015 (2) dt.10-06-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16206 of 2015 Arising Out of PS.Case No. -135 Year- 2013 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================
1. Raj Kumar Singh son of Ram Prasad Singh, Resident of village- Tenduni Tola, P.S.- Kargahar, District- Rohtas (Bihar) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 The petitioner is languishing in jail since 16.01.2015 in connection with Kargahar (Barhara) P.S. Case No. 135 of 2013 for the offences instituted under Sections 147,148,149,307 and 302 of the Indian Penal Code.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that the informant Ram Niwas Singh had filed a written report before Kargahar P.S. stating therein that there was a land dispute for canal and for that all the accused persons arrived at the place of occurrence and started firing. The petitioner instigating them for firing and on that Shri Bhagwan Singh and Ram Prasad Singh opened fire upon Ram suresh Singh and Binod Krishna Kumar sustained grievous injury
Patna High Court Cr.Misc. No.16206 of 2015 (2) dt.10-06-2015 and later on died. Other accused persons were also present there with fire arms.
It is submitted on behalf of the petitioner that there is no allegation of assault or causing injury upon the deceased against the petitioner. Further it has been submitted that similarly situated persons have been granted bail by this Court vide Cr. Misc. No.44946/2013. As far as the allegation of assault is concerned, that is against Bhagwan Singh and Binod Singh. On behalf of the State, it has been submitted that the petitioner is named in the first information report. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasram in connection with Kargahar P.S. Case No. 135 of 2013 .
(Sudhir Singh, J) V.P.Sinha/- U