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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37967 of 2017 Arising Out of PS.Case No. -426 Year- 2015 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Sudhir Kumar @ Sudhir Kumar Singh Son of Late Surendra Singh Resident of Village-Chandpura Saidabad, P.S. Bidupur, District Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Sri Suresh Prasad Singh, APP For the Informant : M/s Rina Sinha Mrs. Sangita Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-08-2017 Heard the learned counsel for the petitioner, Mrs. Sangita Sharma learned counsel for the informant and Sri Suresh Prasad Singh, learned Additional P.P. for the State. The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 426 of 2015 registered for the offence punishable under Sections 302 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that 10 named accused persons in the F.I.R. including the petitioner, along with 5-6 unknown came at the house of the informant Suresh Kumar Singh, where Ganesh Singh pushed the father of informant on the ground and, then Dinesh Kumar Singh caused fire arm injury on the father of the informant resulting in his death. Thereafter, all of them started to damage the household articles and also put the house on fire as well as took away cash and ornaments.

Patna High Court Cr.Misc. No.37967 of 2017 (2) dt.10-08-2017 2/2 The learned counsel for the petitioner submits that at best the petitioner can be said to be a member of mob and the firearm injury caused to the deceased is attributable only to coaccused Dinesh Kumar Singh, who is the main accused. It is further submitted that the petitioner does not have any criminal antecedent and further similarly situated co-accused person has already been granted bail by this Court by order dated 11.4.2016 passed in Cr. Misc. No. 14825 of 2016, 3.5.2016 passed in Cr. Misc. No. 17852 of 2016 and Cr. Misc. No. 25949 of 2016 dated 24.6.2016.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 426 of 2016. (Mohit Kumar Shah, J) BTiwary/- U T