Prem Kumar Singh @ Tiger @ Prem Singh Tiger v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14001 of 2020 Arising Out of PS. Case No.-269 Year-2018 Thana- HATHAURI District- Muzaffarpur ====================================================== PREM KUMAR SINGH @ TIGER @ PREM SINGH TIGER, Son of Sri Yugal Kishore Singh, Resident of Village - Bhadai, P.S. - Hathauri, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-10-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, it is stated that the younger brother of the informant was fired upon by the accused Awinash Kumar @ Chandan and Raj Kumar Singh as a result of which he fell down injured.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. He was falsely implicated in course of investigation on the basis of an alleged confessional statement of the petitioner recorded in another case wherein he is stated to have confessed to supply of arms to

Patna High Court CR. MISC. No.14001 of 2020(7) dt.04-10-2021 2/2 the assailants. It is submitted that the extrajudicial confession is inadmissible. The petitioner is in custody since 3.6.2019 and there is no chance of the trial concluding in the near future. He undertakes to cooperate in the trial.

The prayer for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the materials on record and the petitioner having remained in custody since 3.6.2019, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 488 of 2019 (arising out of Hathauri P.S. Case no. 269 of 2018) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 6th Addl. Sessions Judge, Muzaffarpur.

(Partha Sarthy, J) Spd/- U T