Kamla Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16001 of 2015 Arising Out of PS.Case No. -220 Year- 2014 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Kamla Singh Son of Late Ramdhani Singh, Resident of Village - Gamhariya, P.S. - Nokha, District - Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Zainul Abedin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 21-05-2015 Heard learned counsels for the petitioner, State and the informant.

The petitioner is languishing in custody since 05.01.2015 in a case registered for the offences punishable under Sections 341, 342, 302, 307/34 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that on the order of this petitioner co-accused Ekram Singh opened fire upon father of the informant, Gajendra Tiwari, who succumbed to the injuries. Co-accused Jhuna Singh opened fire upon Vibhay Tiwari, who also got seriously injured.

It is submitted by learned counsel for the petitioner that the accusation of firing is not against the petitioner.

Patna High Court Cr.Misc. No.16001 of 2015 (02) dt.21-05-2015 2/2 The investigation has already concluded. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

It is submitted by learned counsel for the informant that during investigation it transpired that the petitioner caught hold of Vibhay Singh when Jhuna Singh opened fire at him and subsequently he resorted to fire also.

Considering the fact that the FIR does not suggest that the petitioner resorted to fire and accusation of firing is only against Ekram Singh and Jhuna Singh, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Rohtas at Sasaram in connection with Nokha P.S. Case No. 220 of 2014.

(Dinesh Kumar Singh, J) DKS/- U T