Ganga Singh @ Manish Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3232 of 2020 Arising Out of PS. Case No.-149 Year-2019 Thana- JAMUI District- Jamui ====================================================== Ganga Singh @ Manish Singh, Son of Late Umesh Singh Resident of Village - Kakan, P.S. and District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar, Adv.
For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Jamui P.S. Case No. 149 of 2019 registered under sections 302, 147, 148, 149, 120B and 216 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, it is stated that the named accused persons including the petitioner and one Pankaj Singh came variously armed and on the orders of the petitioner, they took away the husband of the informant and thereafter killed him by firing indiscriminately. It is stated that the informant along with her elder brother-in-law ran towards village to save their lives.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.3232 of 2020(5) dt.05-06-2020 2/3 that the allegations as levelled in the FIR are false and concocted. He has been falsely implicated in the case due to caste rivalry. The allegations are general and omnibus in nature and admittedly the informant is not an eye witness to the occurrence. No specific overt act has been alleged against the petitioner and he is in custody since 18.10.2019. It is further submitted that FIR named accused Pankaj Kumar Singh has been enlarged on anticipatory bail vide order dated 13.8.2019 (Annexure-2) passed in Cr. Misc. No. 35857 of 2019. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances including the petitioner being in custody since 18.10.2019, the investigation having concluded and grant of bail to co-accused, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Jamui P.S. Case No. 149 of 2019 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judical Magistrate, Jamui. (Partha Sarthy, J) sushma/- U T
Patna High Court CR. MISC. No.3232 of 2020(5) dt.05-06-2020 3/3