Awadh Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55211 of 2017 Arising Out of PS.Case No. -120 Year- 2017 Thana -OBRA District- AURANGABAD ======================================================

1. Awadh Kishore Singh Son of Late Kedar Singh, R/o Village- Akauna, P.S.- Obra, District- Aurangabad (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 The petitioner seeks regular bail in connection with Obra P.S. Case No. 120 of 2017, registered for offences punishable under Sections 147, 148, 149, 323, 324, 325, 326, 307, 302 and 504 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner and several others is of firing on the deceased causing his death.

It has been submitted on behalf of the petitioner that only general and omnibus allegations have been levelled against this petitioner and no specific allegation has been made rather specific allegation is against one Brij Kishore Singh and there is only one injury on the person of the deceased. Further petitioner has been in custody since 24.07.2017 and now charge-sheet has also been submitted.

Patna High Court Cr.Misc. No.55211 of 2017 (2) dt.20-11-2017 2/3 Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for bail on the ground that other persons have also received injuries but he could not controvert the fact that only general and omnibus allegation has been levelled against the petitioner.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Daudnagar, Aurangabad, in connection with Obra P.S. Case No. 120 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.55211 of 2017 (2) dt.20-11-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T