Vijay Kumar Singh @ Munna Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1950 of 2018 Arising Out of PS.Case No. -136 Year- 2017 Thana -MARHAURA District- SARAN ====================================================== Vijay Kumar Singh @ Munna Thakur, Son of Shivjee Thakur @ Shivjee Singh, Resident of Village- Nethua, PS- Marhowrah, District- Saran at Chapra.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anita Kumari For the Opposite Party : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-02-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Marhowra PS Case No. 136 of 2017 registered under Sections 302, 307, 120B/34 of the IPC and Section 27 of the Arms Act.

The allegation in brief is that when the informant was going on the vehicle of his wife having a beacon light and another Scorpio vehicle was moving ahead with the same beacon light, Sanjay Kumar Singh, Sasntosh Kumar Singh, Lal Mohan Singh, Jitendra Kumar Singh, Chandan Kumar, Rajesh Kumar Singh and three -four unknown persons started firing on the Scorpio under mistaken identity that it was the vehicle of the informant and escaped away, the driver of the Scorpio vehicle was found killed. It is alleged that this petitioner, who was lodged in Chapra jail at that time, is the mastermind and with his conspiracy the occurrence was committed. Learned Counsel for the petitioner submits that there is no evidence of any conspiracy against this petitioner and at the time of alleged occurrence he was lodged in Jail in another case, has been implicated due to enmity. Another co-accused Shivjee Singh, named

Patna High Court Cr.Misc. No.1950 of 2018 (3) dt.17-02-2018 in the FIR, has been admitted to anticipatory bail by a coordinate Bench of this Court.

Having considered the said facts and circumstances, the petitioner, namely, Vijay Kumar Singh @ Munna Thakur 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 CJM Saran at Chapra in connection with Marhowra PS Case No. 136 of 2017, with the condition that one of the bailors shall be a close family member of the petitioner. The petitioner is directed to appear before the trial court on each date and in case of failure to appear on two consecutive dates except because of reasonable cause his bail bonds shall be liable to be cancelled.

.

(Arun Kumar, J.) Snkumar/- U T