Kari Singh @ Ghanshyam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3965 of 2020 Arising Out of PS. Case No.-195 Year-2017 Thana- MATIHANI District- Begusarai ====================================================== Kari Singh @ Ghanshyam Singh S/o - Ramnath Singh Resident of VillageRamdiri (Bhawanandpur) P.S.- Matihani, Distt- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kameshwar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in connection with Matihani P.S. Case No.195 of 2017 registered for the offence under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, on 16.12.2017 at about 5.00 A.M. the younger brother of the informant, namely, Umakant Singh was going to his Dera with cattle feed and when reached near the house of one Ram Chandra Singh, all named accused persons including the petitioner surrounded the informant and his brother and on the order of accused Jhuna Singh, Abhay Singh and Jitendra Singh, accused Budhan Singh, Golu Singh and Raman Singh fired on the brother of the informant, namely,Umakant Singh, which hit on his chest. It is further

Patna High Court CR. MISC. No.3965 of 2020(2) dt.22-01-2020 2/3 alleged that accused Ashok Singh and Kundan Singh fired on him also. It is alleged that petitioner Kari Singh and Pintu Singh tried to catch the informant.

It is submitted on behalf of the petitioner that there is no specific allegation against the petitioner and only allegation against the petitioner is of catching the informant. It is further submitted that other similarly situated co-accused Pintu Singh and other accused persons have been granted anticipatory bail vide order dated 31.01.2019 passed in Cr.Misc.No.5479 of 2019 and order dated 19.07.2018 passed in Cr.Misc.No.41575 of 2018. It is submitted that the petitioner is in custody since 26.08.2019.

Considering the aforesaid facts and circumstances , let the petitioner, named above, 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 learned Additional Sessions Judge-V, Begusarai in connection with Matihani P.S. Case No.195 of 2017 on the following conditions:-

(1) 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,

Patna High Court CR. MISC. No.3965 of 2020(2) dt.22-01-2020 3/3 his bail bond shall be cancelled by the court below.

(2) If the petitioner tampers 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.) nawalkrs/- U T