Shivendra Kumar Singh @ Shivendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44585 of 2017 Arising Out of PS.Case No. -639 Year- 2017 Thana -SAHARSA District- SAHARSA ====================================================== Shivendra Kumar Singh @ Shivendra Singh, S/o Late Barjnandan Prasad Singh, resident of New Colony, Ward No.-8, P.S.- Saharsa, DistrictSaharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mr. Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Saharsa P.S. Case No.639 of 2017, registered for offences alleged under Sections 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act. Learned senior counsel for the petitioner submits that, in the First Information Report, specific allegation of firing has been made against co-accused Gaurav Kumar and Pawan Rajak. So far as the present petitioner is concerned, from the narration of the FIR, it would appear that only in the last portion of the FIR his name has been brought making some allegation. In

Patna High Court Cr.Misc. No.44585 of 2017 (2) dt.20-09-2017 the impugned order itself, the learned Sessions Judge has taken note of the supervision made by the Deputy Superintendent of Police who has not found involvement of this petitioner. On the other hand, learned APP for the State opposed the prayer for bail, but on the factual aspects, as appearing from the FIR, he could not make any significant opposition.

Learned senior counsel for the petitioner submits that one of the co-accused Anil Kumar Singh @ Anil Singh has been granted regular bail by a coordinate Bench of this Court in Cr.Misc.No.44823 of 2017.

In the facts and circumstances, let the petitioner, namely, Shivendra Kumar Singh @ Shivendra Singh be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Saharsa P.S. Case No.639 of 2017, subject to the conditions U/S 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Arvind/- U T