Sohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17428 of 2019 Arising Out of PS. Case No.-180 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== Sohan Singh, S/o Jaikant Singh, Resident of Village- Khapur, P.S.- Alamnagar (Ratwara O.P.), District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 18.08.2018 in a case registered for the offences punishable under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as per the written report of Gajendra Singh dated 16.08.2018 submitted to the Station House Officer of Ratwara (Alamnagar) Police Station, is to the effect that on 15.08.2018, the son of the informant, Sintu Kumar Singh along with one Sandeep Kumar went to attend the marriage ceremony of the daughter of Arjun Singh. While they were taking feast, all the FIR named accused persons including the petitioner came while making firing which was protested by the son of the informant then co-accused Mohan Singh shot fire

Patna High Court CR. MISC. No.17428 of 2019(2) dt.29-03-2019 2/3 on the head of the son of the informant, as a result, he died on the spot. In the meantime, after seeing the police, all the accused persons escaped from the scene and thereafter, police apprehended four persons from the house of one doctor. It is submitted by learned counsel for the petitioner that the specific accusation of firing is against co-accused Mohan Singh and co-accused persons Sharvan Singh and Ashok Singh have been granted bail by a Co-ordinate Bench of this Court vide order dated 80791 of 2018 passed in Cr. Misc. No. 80791 of 2018.

Learned APP submits that the accusation of firing is also against the petitioner.

Considering the fact that the specific accusation of firing on the victim is against co-accused Mohan Singh, who received only one injury, there is no case of the prosecution that any other person received any injury due to the firing and the fact that the co-accused persons have been granted bail by coordinate Bench of this Court, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Uda-Kishunganj, District

Patna High Court CR. MISC. No.17428 of 2019(2) dt.29-03-2019 3/3 - Madhepura in connection with Alamnagar P.S. Case No. 180 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T