Shailendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3740 of 2019 Arising Out of PS. Case No.-447 Year-2018 Thana- KATIHAR District- Katihar ====================================================== Shailendra Singh son of Ram Vilash Singh Resident of Mohalla- Gaushala, P.S- Katihar Sahayak, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Katihar Nagar Sahayak P.S. case no. 447 of 2018 instituted for the offence under Sections 307 and 326 of the Indian Penal Code and Section 27 of Arms Act.

Learned counsel for petitioner submits that FIR is against unknown. The informant has alleged that two unknown persons came on motorcycle and fired upon him twice on account of which he sustained injuries on the right thigh and in the side of his private part. The learned Sessions Judge has mentioned in the impugned order that name of this petitioner has come in para 25 and 26 of the case diary and police has recorded confessional statement of this petitioner in para 31 of the case

Patna High Court Cr.Misc. No.3740 of 2019(2) dt.30-01-2019 2/2 diary.

Learned counsel for petitioner submits that it is mentioned in para 10 of the bail petition that in para 25 of the case diary there is statement of one Shiv Prasad Ram which was recorded on 15.7.2018 i.e. after four days of the alleged occurrence and he has stated that in the night of 11.7.2018 at 11.45 pm while he was returning after a meeting he saw that this petitioner and other accused persons were on motorcycle and in para 26 there is statement of Praveen Kumar Jha who has stated that in the night of 12.7.2018 he saw that this petitioner and other accused persons were running away on motorcycle . In this manner, mere suspicion has been raised against this petitioner.

Petitioner is in custody since 24.08.2018.

Considering the aforesaid, let the petitioner, above named, 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 Sessions Judge, Katihar, in connection with Katihar Nagar Sahayak P.S. case no. 447 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T