Harendra Singh @ Harendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2075 of 2018 Arising Out of PS.Case No. -543 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. HARENDRA SINGH @ HARENDRA PRASAD SINGH Son of late Deo Prasad Singh, Resident of Village-Lal Pokhar Dighi, P.S.hajipur Sadar, District-vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhukar Pandey For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-01-2018 Heard both sides.

The petitioner seeks bail in connection with S.Tr. No.283/2017 arising out of Hajipur Sadar P.S. Case No.543 of 2015 registered under Sections 148, 420, 302/120B/34 of the Indian Penal Code and Sections 27 of the Arms Act. The learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected vide order dated 19.06.2017 passed in Cr. Misc. No.14798 of 2017 with an observation that the petitioner may renew his prayer for bail after six months from the date of rejection of his bail petition. Petitioner again moved for his bail.

The learned counsel for the petitioner submits that there is

Patna High Court Cr.Misc. No.2075 of 2018 (2) dt.24-01-2018 2/2 specific allegation of firing against Arvind Singh and on the account of firing made by Arvind Singh, husband of the informant died on the spot. The petitioner is in jail since 26.09.2016. Petitioner has already remained in jail for about 16 months. On the other hand, the learned counsel for the informant as well as learned Addl. P.P. vehemently opposed the prayer for bail and submitted that it was the petitioner who took the husband of the informant with him and thereafter his son fired on the order of the petitioner and husband of the informant died on the spot.

Considering the facts aforesaid and the nature of allegation made against the petitioner as also the fact that the petitioner remained in jail custody for more than 16 months, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Hajipur in connection with S.Tr. No.283/2017 arising out of Hajipur Sadar P.S. Case No.543 of 2015.