Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15331 of 2019 Arising Out of PS. Case No.-344 Year-2018 Thana- PANCHRUKHI District- Siwan ====================================================== SANJAY SINGH Son of Nityanand Singh @Nirbhay Kumar Singh Resident of Village-Sherpur, PS.- Daraunda, District-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Rina Sinha For the Informant :

Mr. Manish Chandra Gandhi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 216, 120(B) of the Indian Penal Code and 27 of the Arms Act.

The prosecution allegation in short is that the accused persons, variously armed, committed murder of the brother of the informant and fled away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.12.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The main allegation is against the co-accused Rohit Singh who

Patna High Court CR. MISC. No.15331 of 2019(5) dt.23-07-2019 2/2 is alleged to have fired upon the deceased and the deceased succumbed to the said injury. The petitioner is not named in the F.I.R.. The name of the petitioner has transpired in course of investigation on the basis of confession of co-accused. There is no allegation of assault alleged against this petitioner. Other coaccused has been granted bail vide order dated 17.5.2019 passed in Cr. Misc. No. 32816 of 2019.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned A.C.J.M. VI, Siwan in connection with Pachrukhi P.S. Case No. 344/2018.

(Sudhir Singh, J) Pankaj/- U T