Shatrudhan Singh @ Shatrudhan Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26320 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ====================================================== Shatrudhan Singh @ Shatrudhan Prasad Singh Son of Late Lali Singh, R/o Village- Razawa, P.S.- National Highway, Bangra, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 17.03.2017 in connection with National Highway Bangra P.S. Case No. 26 of 2017 registered for the offence punishable under Sections 307 and 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that while on 16.03.2017 at 10:30 in the night, she and her deceased-husband were in the badhar, seven persons including the petitioner came variously armed with pistol and killed her husband. The cause of such occurrence

Patna High Court Cr.Misc. No.26320 of 2017 (4) dt.28-07-2017 2/3 is that a few days earlier her son had some petty fight with the petitioner's side.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and that the postmortem report specifies only two injuries being of entry and exit and it cannot be attributed to the petitioner. He further submits that the petitioner is aged about 65 years and suffering from heart ailment and has been falsely implicated in the aforesaid case only on the basis of suspicion.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Samastipur in connection with National Highway Bangra P.S. Case No. 26 of 2017, subject to the condition that both the bailors would be close relative of the petitioner having sufficient immovable

Patna High Court Cr.Misc. No.26320 of 2017 (4) dt.28-07-2017 3/3 properties within the jurisdiction of the concerned P.S./ Court, who would file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J.) Arjun/- U T