Patna High CourtCR. MISC./51533/2018bail granted

Devesh Singh v. The State Of Bihar

2018-09-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51533 of 2018 Arising Out of PS.Case No. -15 Year- 2018 Thana -EAST COLONY District- MUNGER ======================================================

1. Devesh Singh S/o Ashok Kumar Singh @ Ashok Singh, resident of Village- Indurh, P.S. Naya Ram Nagar in the District of Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the State : Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections- 120(B), 114, 302, 307, 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that on the order of Parwati Devi, and Sunil Vishwakarma, the FIR named accused persons fired shot on Nandan Kumar and one Rakesh Kumar who died at the spot.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-06-2018 and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is alleged to be order giver. The allegation of assault is

Patna High Court Cr.Misc. No.51533 of 2018 (2) dt.18-09-2018 against Rohit Singh, Manish Mandal, Sharad Yadav, Vinay Paswan, Vikram Paswan, Vikash Mandal, Golu Mandal, Aman Kumar @ Tilu and Laxman Kumar who are alleged to have made firing. So far petitioner is concerned, his involvement is being suspected due to previous enmity. Except for suspicion, There is no other substantial evidence to suggest the implication of the petitioner in the present case. The petitioner is not alleged to be there at the place of occurrence. Charge sheet has already been submitted in this case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let 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 Additional Chief Judicial Magistrate-Ist Munger in connection with East Colony (Munger) P.S. Case No. 15 of 2018.

(Sudhir Singh, J) A.K.V./- U T