Birendra Kumar @ Laxuman Singh @ Lakshman Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10566 of 2020 Arising Out of PS. Case No.-1233 Year-2018 Thana- BIHTA District- Patna ====================================================== Birendra Kumar @ Laxuman Singh @ Lakshman Singh Son of Late Ramdarshan Sharma Resident of Village - Neuri, P.S. - Bihta, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Ravish, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-06-2020 This matter has been taken up through Video Conferencing.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 302/34/120B of the Indian Penal Code and Section 27 of the Arms Act.
According to FIR, Pankaj Sharma, the son of the informant, was a dealer of cement. The petitioner and Ramji Singh asked Pankaj Sharma to go to his shop so that the petitioner could purchase cement. When Pankaj Sharma went along with the petitioner and Ramji Singh his parents followed him and then the informant saw that near the shop 5-7 unknown criminals started firing at pankaj Sharma as a result whereof
Patna High Court CR. MISC. No.10566 of 2020(4) dt.22-06-2020 2/3 Pankaj Sharma sustained injury and succumbed. Learned counsel for the petitioner submits that the doctor has found single fire-arm wound on the person of the deceased which was wound of entry and exit communicating each other and the injury shows that the informant is not an eyewitness of the occurrence. Moreover, it has come during investigation that co-accused Ujjawal and Muchkund had demanded ransom from the deceased and they might be involved in commission of murder.
Since no motive is alleged against the petitioner and investigation of the case is already complete as well as considering the fact that there is no direct material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bihta P.S. Case No.1233 of 2018, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to
Patna High Court CR. MISC. No.10566 of 2020(4) dt.22-06-2020 3/3 cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Birendra Kumar, J) Mkr./- U T