Rakesh Kumar @ Bambam Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.46765 of 2015 (2) dt.06-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46765 of 2015 Arising Out of PS.Case No. -522 Year- 2011 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Rakesh Kumar @ Bambam Singh Son Of Ballam Singh@Ballan Singh Resident of Village- Babhangawa, P.s+ District Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 06.10.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Although it is stated that petitioner and co-accused Sanjeev Pandey opened fire on the deceased but it is the specific case of the prosecution that firing of Sanjeev Pandey hit the deceased. The post mortem report suggests that deceased sustained only one fire arm injury.

The contention on behalf of the petitioner is that there was political rivalry between petitioner and the informant and that is the reason of false implication of the petitioner in the alleged crime. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in Lakhisarai P.S. Case no. 522/2011. shahid (Hemant Kumar Srivastava,J) U T