Sanjay Singh @ Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12438 of 2016 Arising Out of PS.Case No. -118 Year- 2013 Thana -RAGHUNATHPUR District- SIWAN ======================================================

1. Sanjay Singh alias Sanjay Kumar Singh, Son of Sri Sharda Nand Singh, Resident of Village- Tola Sevak Rai, P.S.- Domari, District- Baliya. (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinendra Pandey For the Opposite Party/s : Mr. Anita Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-05-2016 Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard the learned counsel for the petitioner as well as the learned A.P.P for the State duly assisted by the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under section 302 of the I.P.C and section 27 of the Arms Act.

Allegedly, Rahul Kumar Singh was watching Orchestra wherein one bullet hit him in his left neck resulting he died during way to the hospital. During investigation the name of the petitioner was taken as the assailant by Raju Singh on 17.06.2013 after about 25 days of the occurrence, though Raju

Patna High Court Cr.Misc. No.12438 of 2016 (4) dt.20-05-2016 2/2 Singh has brought the injured along with others but at that time he has not stated the name of the petitioner, vide paragraph-3, the further statement of the informant.

In the facts and circumstances as stated above, considering that the name of the petitioner was taken after about 25 days of the occurrence, the petitioner is in custody since 28.11.2015 having no criminal antecedent and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Siwan in Raghunathpur P.S. Case No. 118 of 2013, 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) Abhay/- U T