Deepak Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13408 of 2019 Arising Out of PS. Case No.-286 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== Deepak Kumar Singh Son of Late Guddu Singh @ Guddu Kumar Singh, resident of Village-Bisunpur, Raj Khand, Police Station-Bidupur in the district of Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 394 & 302 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in brief is that while the son of the informant was returning after collection for a Private Finance Company Ltd, in the way, two persons intercepted him and tried to snatch bag from him. On protest, the informant's son was shot fire, as a result of which, he sustained fire arms injury and died in course of treatment.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.13408 of 2019(4) dt.19-07-2019 2/2 petitioner. The petitioner is in custody since 11-10-18. Charge sheet has already been submitted. The petitioner is not named in the FIR. In course of treatment, it has come that 4-5 persons including the petitioner had opened fire upon the deceased. The postmortem report shows only one fire arms injury. The postmortem report does not support the allegation which has come in course of investigation. The other co-accused with similar allegation has been granted bail by a coordinate bench of this court vide order dated 27-03-2019 passed in Cr. Misc. No. 18476 of 2019.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 286 of 2018. (Sudhir Singh, J) A.K.V.//- U T