Vijay Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2012 of 2015 Arising Out of PS.Case No. -158 Year- 2004 Thana -BARBIGHA District- SEKHPURA ====================================================== Vijay Narayan Singh son of Late Gorelal Singh Resident of Village and P.O. and P.S. - Sarmera, Distt - Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.B.P.Pandey, Sr. Advocate. Mr. Pramod Kumar, Advocate.

For the Opposite Party/s : Mr. Kr.Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. This is a petition for regular bail for the offence under Sections 302, 307, 34 of the I.P.C. and 27 of the Arms Act. The informant as per the F.I.R. itself is not an eye witness but he claims to be learnt about the occurrence from Sharwan Singh and Rama Kant Singh who claims to be the eye witnesses to the occurrence. However, their statements were recorded in paragraphs 8 and 9 of the case diary. As per the statements made in the case diary no role attributed to this petitioner is of firing on the deceased but on the Sharwan Singh and Rama Kant Singh.

Learned counsel for the petitioner submits that it has

Patna High Court Cr.Misc. No.2012 of 2015 (3) dt.04-03-2015 2/2 further been contended that Chunnu Singh who has been attributed to the role of firing on the deceased in the F.I.R. but Chunnu Singh has not been named in the statements made in paras 8 and 9 of the case diary by Sharwan Singh and Rama Kant Singh who has been granted bail vide order dated 4.2.2015 passed in Cr.Misc. No.43458 of 2014. Learned counsel submits that the case of the petitioner is on better footing to that of Chunnu Singh. Hence, having regard to the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri S.K.Roy, J.M. 1st Class, Sheikhpura, in Barbigha (Kewati) P.S. Case No.158 of 2004. (Gopal Prasad, J) AnilKrSinha/- U T