Dablu Singh @ Dev Raj Kumar @ Devraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15310 of 2021 Arising Out of PS. Case No.-59 Year-2018 Thana- GHOGHARDIHA District- Madhubani ====================================================== Dablu Singh @ Dev Raj Kumar @ Devraj Singh Son of Laxmi Narayan Sharma Resident of Village- Bidyapuri, P.S.- Supaul, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr. Satyadev Pd. Singh Yadav A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Ghoghardiha P.S. Case No. 59 of 2018, registered for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. As per the F.I.R., the informant learnt from the Chaukidar of Supaul Police Station on his mobile that his son has been shot dead.

Petitioner is not named in the FIR. Name of the petitioner has come during course of investigation and only a suspicion has been raised against the petitioner. There is no substantive evidence, which suggests that petitioner is involved in the present case. It is submitted that other similarly situated co-accused namely Santosh Kumar Yadav and Prahlad Yadav have already been granted bail by this Court, vide order dated 06.05.2019 passed in Cr. Misc. No. 28816 of 2019 and order

Patna High Court CR. MISC. No.15310 of 2021(2) dt.22-07-2021 2/2 dated 16.11.2019 passed in Cr.Misc. No. 55833 of 2019 respectively. Petitioner has got clean antecedent and he is in custody since 30.09.2020.

Learned A.P.P. for the State has opposed the bail petition.

Considering the period of custody and clean antecedent of the petitioner, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned A.D.J., Jhanjharpur, Madhubani in connection with Ghoghardiha P.S. Case No. 59 of 2018, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J) anay/- U T