Pawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27997 of 2018 Arising Out of PS. Case No.-326 Year-2017 Thana- CHAKIA District- East Champaran ====================================================== Pawan Kumar Singh S/o Sri Krishna Kant Singh, R/o Vill.- Ghangati, P.S.- Chakia, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Shashank Shekhar, Advocate For the State :

Mr.Awadhesh Kumar Singh, APP For the Informant :

Mr. Sanjay Kumar Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of the informant.

Petitioner, already in custody, seeks bail in connection with Chakia P.S. Case No.326 of 2017, registered under Sections 302, 303/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Allegation in brief is that Laliteshwar Prasad Singh, one of the accused, was convicted in a case for murder of the informant's family member and in that case his bail was cancelled by Hon'ble Supreme Court at the behest of the informant side, on account of that the accused persons killed the husband of the informant. However, the specific allegation of

Patna High Court Cr.Misc. No.27997 of 2018(2) dt.10-05-2018 2/2 shooting at the husband of the deceased on the exhortation of Laliteshwar Prasad Singh is against Rajeev Ranjan Singh, Kushnandan Prasad Singh and Sonu Kumar.

Learned counsel for the petitioner submits that there is no specific allegation against the petitioner of opening fire and killing the deceased rather it is specific against three other coaccused, the petitioner has no criminal antecedent and has been implicated due to enmity; whereas learned counsel appearing on behalf of the informant submits that on account of enmity, the accused persons have killed the deceased.

Having considered the aforesaid facts and circumstances, in particular having no criminal accusation of shooting at the deceased by the petitioner and bearing clean antecedent, petitioner Pawan Kumar Singh is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-XIII, Motihari in connection with Chakia P.S. Case No.326 of 2017.

(Arun Kumar, J) S.KUMAR/- U T