Indal Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.6563 of 2016 (2) dt.25-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6563 of 2016 Arising Out of PS.Case No. -144 Year- 2014 Thana -CHAUSA District- MADHEPURA ======================================================

1. Indal Singh Son of Late Vedanand Singh, Resident of Village - Panchgachhiya, Tola - Kadwa, Police Station - Dholbajja, District - Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Chousa P.S. Case No. 144 of 2014 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner and other FIR named accused persons being armed opened indiscriminate firing upon Vikash Singh, the brother of the informant, resulting, Vikash Singh died. It is further alleged that earlier they have killed Sattan Singh the father of the informant in the year 1999 and after release from custody they have committed the crime. Out of those miscreants Anivesh Singh and Biran Singh were caught by the villagers. Submission is of false implication and that the

Patna High Court Cr.Misc. No.6563 of 2016 (2) dt.25-02-2016 petitioner has got no criminal antecedent, Anivesh Singh and Biran Singh who were caught by the villagers have already been allowed bail by other co-ordinate Benches of this Court and further co-accused Jitendra Singh has also been allowed bail as there is no eye witness of the occurrence and the petitioner is suffering in custody since 01.12.2015 after his surrender. Learned APP fairly submits that three co-accused have been allowed bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Uda- Kishunganj, Madhepura in connection with Chousa P.S. Case No. 144 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T