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Patna High CourtCR. MISC./8363/2022bail granted

Kamakhya Singh v. The State Of Bihar

2022-05-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8363 of 2022 Arising Out of PS. Case No.-192 Year-2012 Thana- DARIYAPUR District- Saran ====================================================== Kamakhya Singh Son of Late Rameshwar Singh Resident of Village- Srinagar Matihan, P.S.- Dariyapur, District- Saran at Chapra (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2022 Heard both parties.

The petitioner seeks bail in Dariyapur P.S. Case No. 192 of 2012, registered for the offence punishable under Section 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, this petitioner along with co-accused persons assaulted the son of informant and after having heard the sound of bullet the informant came out of his house and saw that his son was shot dead.

It is submitted on behalf of the petitioner that after investigation, the police submitted final form finding the case false against this petitioner. The court below differing with the same, took cognizance under section 307, 302, 323 and other allied sections of the Indian Penal Code and section 27 of the

Patna High Court CR. MISC. No.8363 of 2022(3) dt.16-05-2022 2/2 Arms Act. Petitioner is in custody since 25.11.2021. However, counsel for informant opposed the prayer for bail and submitted that ample evidence has come against this petitioner that he along with others committed the alleged occurrence.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Saran at Chapra in connection with Dariyapur P.S. Case No. 192 of 2012.

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