Rajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35079 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajesh Singh Son of Chandeshwar Singh Resident of Village - Hasanpur, P.S. - Pipra, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, ADvocate For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Pipra P.S Case No. 10 of 2017 registered for the offences punishable under Sections 302/120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner acted as conspirator in the killing of Raj Kapoor Thakur. The brother of the informant and the petitioner was driving the motorcycle upon which Raj Kapoor Thakur was sitting. Allegedly, Santosh Singh and Pushpkar Singh fired with pistol on back part of the body of Raj Kapoor Thakur, resulting, he died during treatment.

Submission is of false implication and that the petitioner has been made accused only on suspicion, in good faith he was driving the motorcycle where on Raj Kapoor Thakur was sitting and in the meantime, the same was attacked and the two

Patna High Court Cr.Misc. No.35079 of 2017 (3) dt.18-10-2017 2/2 assailants shot Raj Kapoor Thakur on his back. In this case other co-accused namely Karan Singh, Pappu Pandey and Shashi Bhushan Singh have been allowed pre-arrest bail by different coordinate benches of this Court and the case of the petitioner is on better footing and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. fairly submits that other co-accused have been allowed pre-arrest bail.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Pipra P.S. Case No. 10of 2017, 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 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.) Rajiv/- U T