Laliteshwar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58268 of 2018 Arising Out of PS.Case No. -326 Year- 2017 Thana -CHAKIA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Laliteshwar Prasad Singh, Son of Late Anand Deo Chaudhur, resident of Village Ghanghati, P.S. Chakiya, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Sr. Adv. For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Chakia P.S. Case No. 326/2017, registered for the offences punishable under Sections 302, 303, 34 of the Indian Penal Code and section 27 of the Arms Act.

Allegation against petitioner is that on his instigation Rajeev Ranjan Singh took out pistol and fired upon the face of husband (deceased) of the informant, and other accused also fired upon the deceased. There is no allegation of any overt act against petitioner. He is said to be order giver.

He is in custody since 16.12.2017.

Considering the facts aforesaid, the petitioner above-

Patna High Court Cr.Misc. No.58268 of 2018 (2) dt.19-09-2018 2/2 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 Additional Chief Judicial Magistrate XIII, Motihari, East Champaran in connection with Chakia P.S. Case No. 326/2017, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T