Kaushal Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11505 of 2015 Arising Out of PS.Case No. -190 Year- 2014 Thana -RAGHUNATHPUR District- SIWAN ====================================================== Kaushal Kishore Singh, S/o Late Shiv Kumar Singh, Resident of Village Rajpur, P.S. Raghunathpur, District Siwan.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Shekhar Tiwary, Advocate For the Opposite Party/s : Mr. R.N.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 08-05-2015 A supplementary affidavit has been filed. Let it be kept on the record.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 379, 504 of the Indian Penal Code and later on, Section 302 of the I.P.C. was added. The allegation is that the petitioner and others, armed with various weapons, came to the house of the informant and assaulted the informant and his family members. When the father, mother and other relatives came to rescue, the co-accused Shailendra Kumar Singh assaulted the mother of the informant with back portion of spade on her head. She became senseless and later on, she died. It is submitted that there is no specific allegation of overt act against the petitioner. The specific allegation of overt act is against the

Patna High Court Cr.Misc. No.11505 of 2015 (2) dt.08-05-2015 2/2 co-accused Shailendra Kumar Singh. There is case and counter case between both the parties for the same occurrence. The uncle of the petitioner has lodged Raghunathpur P.S. Case No.191/2014 for the same occurrence against the informant and others. The petitioner is in custody since 2.12.2014 having no criminal antecedent. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in Raghunathpur P.S. Case No.190/2014 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T