Horil Singh @ Rakesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18618 of 2015 Arising Out of PS.Case No. -97 Year- 2014 Thana -PATAHI District- EAST CHAMPARAN(MOTIHARI) ====================================================== Horil Singh @ Rakesh Singh, S/o Late Ramyash Singh, R/o VillagePadumker, P.S.- Patahi, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party : Mr. Ambika Bhagat (Spl.APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-05-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is in custody since 7.10.2014 in connection with Patahi P.S. Case No.97 of 2014, registered for the offences under Sections 302 and 120B of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(x)(xv), 3(2)(v) of S.C./S.T. (POA) Act.

Learned counsel for the petitioner submits that admittedly, the informant is not an eye-witness as in the F.I.R. itself he has stated that he was hearing religious song on his mobile when his son had gone to attend the call of nature. Subsequently, in the same F.I.R. he has stated that the informant had also gone to attend the call of nature, which is contrary to his

Patna High Court Cr.Misc. No.18618 of 2015 (2) dt.15-05-2015 2/2 earlier statement.

Considering the aforementioned submissions and also the period of custody, let the above named petitioner be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran, in connection with Patahi P.S. Case No.97 of 2014.

(Anjana Mishra, J) PNM U T