Deepak Singh @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15681 of 2019 Arising Out of PS. Case No.-761 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Deepak Singh @ Deepak Kumar Son of Late Satyanarayan Singh Resident of Village - Paspura, P.S.- Muffassil, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babita Kumari For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-03-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Begusarai (Muffasil) PS case no. 761 of 2018 registered for the offence punishable under Section 302/34 of Indian Penal Code and 27 of Arms Act.

The allegation is regarding the petitioner and other accused persons having caught hold of the deceased namely Mahesh Kr. Singh, whereafter the co-accused persons namely Alok Singh, Bambam Singh and Kaari Singh had opened fire resulting in the deceased sustaining fiream injury causing his death.

The learned counsel for the petitioner submits

Patna High Court CR. MISC. No.15681 of 2019(2) dt.26-03-2019 2/3 that no firearm injury has been attributed to the petitioner herein and infact, there is no allegation of any sort of overt act, as far as the petitioner is concerned and the only allegation against the petitioner is of holding the deceased while the allegation of firing gunshots is against the other accused persons. It is thus submitted that the complicity of the petitioner is not made out in the said incident. It is further submitted that though the petitioner is an accused in one other case but he is on bail in the said case. The petitioner is said to be languishing in custody since 23.12.2018.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail and has submitted that though it may be true that the petitioner has not fired any gun shot causing firearm injury to the deceased but nonetheless, he is the person who had caught hold of the deceased so as to facilitate his murder.

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 abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.15681 of 2019(2) dt.26-03-2019 3/3 amount each to the satisfaction of learned C.J.M. Begusarai in connection with Begusarai (Muffasil) PS case no. 761 of 2018. (Mohit Kumar Shah, J) rinkee/- U T