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Patna High CourtCR. MISC./14113/2016bail granted

Bipul Singh @ Pikul Singh @ Rakesh Singh v. The State Of Bihar

2016-05-12Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14113 of 2016 Arising Out of PS.Case No. -206 Year- 2015 Thana -BARH District- PATNA ====================================================== Bipul Singh @ Pikul Singh @ Rakesh Singh Son of Late Ram Chandra Singh, reident of Village, Purvi Malahi, P.S.- Barh, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ujjwal Kumar Sinha, Advocate. For the Opposite Party/s : Mr. M.Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P representing the State.

The petitioner seeks bail in connection with Barh P.S. Case No. 206 of 2015 registered for the offence punishable under Sections 147, 148, 149, 307 and 387 of the Indian Penal Code and Section 27 of Arms Act.

In the first information report, there is allegation against the petitioner that in that occurrence, fire shot by the petitioner and Guddu singh hit Sujit Kumar @ Bandra in his stomach, but Sujit Kumar @ Bandra has given written statement which is recorded in para 40 of the supplementary case diary wherein he has alleged that Ravi Kumar and Tinku @ Takla opened fire which hit his stomach and against the petitioner there is allegation that he has demanded ransom of Rs. 50000/-.

Patna High Court Cr.Misc. No.14113 of 2016 (3) dt.12-05-2016 2/2 Submission is of false implication that there is material contradiction in the statement of the informant and of the injured, the petitioner has been made victim of the circumstances, the injured was treated at private hospital at Patna and without any fault, the petitioner is suffering in custody since 03.11.2015. The learned APP submits that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering the statement of the injured, Sujit Paswan @ Bandra and further considering the detention of the petitioner, now he 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 Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 206 of 2015, 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) Mishra/- U T