Ram Murari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.166 of 2018 Arising Out of PS.Case No. -219 Year- 2017 Thana -ATHMALGOLA District- PATNA ====================================================== Ram Murari Singh, Son of Satya Narayan Singh, Resident of VillageRampur Dumra, P.S.- Maranchi, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

12-01-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Athmalgola P.S. Case No. 219 of 2017 registered for the offence punishable under Sections 302/120(B)/34 of the Indian Penal Code and also under Section 27 of the Arms Act.

The allegation against the petitioner is that he along with other named accused persons killed the husband of the informant when he was going to appear as a witness in the murder case of his son in the Barh Court. The deposition was fixed on 06th September, 2017 in the morning hour, the named accused persons along with four unknown persons surrounded the husband of the informant and fired on the informant's husband which ultimately proved fatal.

Patna High Court Cr.Misc. No.166 of 2018 (2) dt.12-01-2018 Learned counsel for the petitioner submits that so far as allegation of firing is concerned, it is specifically made against four accused namely Santosh Kumar, Gaurav Kumar, Ranjit Kumar and Shubham Kumar. There is no allegation of firing against this petitioner. The petitioner has been falsely implicated in the present case only because he had been an accused in the case stated in paragraph-3 of the application. Learned counsel for the State submits that this petitioner was involved in conspiracy even though the specific allegation are against the four accused named by the informant and this petitioner is not said to have fired.

Considering the facts and circumstances of the case and materials on record in which petitioner is not said to have fired, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 15,000/- (Rupees fifteen thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna, in connection with Athmalgola P.S. Case No. 219 of 2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

Rajeev/- (Rajeev Ranjan Prasad, J.) U T