Krishna Singh @ Kisho Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.477 of 2019 Arising Out of PS. Case No.-681 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ======================================================

1. Krishna Singh @ Kisho Singh Son of Shiv Nandan Singh Resident of VillageIniyar,P.S.Begusarai Muffasil Lakho O.P.,Dist.-Begusarai

2. Ram Briksh Singh Son of Late Shiv Shankar Singh Resident of VillageSadanandpur,P.S. Ballia,Dist.-Begusarai ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioners. Petitioners are in custody in connection with Begusarai Town PS Case No. 681 of 2018 for the alleged offence punishable under Sections 326, 307 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel representing the petitioners submits that there is no specific overt act against these petitioners. The allegation of specific allegation of firing is against one Kanhaiya Singh and not against the petitioners. Petitioners are in jail since 10.11.2018.

Learned counsel appearing for the informant does not

Patna High Court Cr.Misc. No.477 of 2019(2) dt.05-02-2019 2/2 dispute the aforesaid submission advanced by learned counsel for the petitioners. He however submits that there is one case pending against petitioner no.1 and before releasing the petitioners on bail the court below may be directed to verify the antecedent of the petitioners.

Considering the totality of the fact situation and submission advanced by the parties, the Court is inclined to grant bail to the petitioners subject to the condition that the court below shall verify the antecedent of petitioner no.2 and if it is found that there is no case against petitioner no.2 and there is only one case, namely, Begusarai Muffasil PS Case No. 507 of 2013 against petitioner no.1, the petitioners above named shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Begusarai Town PS Case No. 681 of 2018. (Anil Kumar Upadhyay, J) mrl./- U T