Birendra Pratap Singh @ D.S. @ Tiger v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7704 of 2020 Arising Out of PS. Case No.-205 Year-2019 Thana- BHORE District- Gopalganj ====================================================== Birendra Pratap Singh @ D.S. @ Tiger Son of Sri Ajay Singh Resident of Village - Barahara, P.S.- Bhore, Distt - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Adv.

For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-05-2020 Heard learned counsel for the petitioner and learned A.P.P for the State, through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Bhore P.S. Case no. 205 of 2019 registered under sections 302, 404, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the F.I.R., while the informant along with his brother were seated under a tree near the place where the informant's new petrol pump was under construction, six named accused persons came and started to fire indiscriminately. It is further submitted that three other named accused persons are behind this conspiracy.

It is submitted by learned counsel for the petitioner that the petitioner is neither named in the FIR as an assailant nor is

Patna High Court CR. MISC. No.7704 of 2020(3) dt.29-05-2020 2/2 he named as conspirator, his name transpired in the confessional statement of co-accused made before police. He is in custody since 27.10.2019.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the petitioner being in custody since 27.10.2019 and not being named by the informant as one of the six assailants, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bhore P.S. Case no. 205 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 Judicial Magistrate, Gopalganj.

(Partha Sarthy, J) Bibhash/- U T