Rikki Singh @ Rikki Kumar @ Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56290 of 2015 Arising Out of PS.Case No. -200 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Rikki Singh @ Rikki Kumar @ Suraj Kumar S/o Umesh Kumar Singh @ Umesh Singh Village- Lakho, P.S.- Muffassil, Dist- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. C.Sen Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 302, 120 (B) and 34 of the I.P.C and section 27 of the Arms Act.
Allegedly, co-accused Pappu Thakur, who was in custody in Muffasil P.S. Case No. 197 of 2014 giving rise to Sessions Trial No. 563 of 2014, was pressurizing to compromise that case, to which the informant refused and then the petitioner and other co-accused after making criminal conspiracy attacked upon the informant and Kumod Thakur who was driving the motorcycle and opened indiscriminate firing resulting Kumod
Patna High Court Cr.Misc. No.56290 of 2015 (6) dt.15-03-2016 2/3 Thakur fell down after receiving fire arm injury and the informant any how succeeded in fleeing away.
Submission is of false implication and that the occurrence is of 10.06.2015 at 8 A.M., whereas, the written application was filed by the informant on 10.06.2015 at 8.30 P.M., earlier the informant refused to give his fardbeyan though the informant was asked for recording his fardbeyan, the petitioner has got no concern with the alleged occurrence and without any legal material he is suffering in custody, to which the learned A.P.P. seriously opposes by submitting that the petitioner is named in the First Information Report and there is allegation that all the accused persons at the instigation of Pappu Thakur opened indiscriminate firing killing Kumod Thakur.
In the facts and circumstances as stated above, considering inordinate delay in lodging the First Information Report and further considering detention of the petitioner, now he is directed to 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 C.J.M. Begusarai in Begusarai Muffasil (Lakho) P.S. Case No. 200 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of
Patna High Court Cr.Misc. No.56290 of 2015 (6) dt.15-03-2016 3/3 the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T