Sheo Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18673 of 2020 Arising Out of PS. Case No.-229 Year-2019 Thana- PIRO District- Bhojpur ====================================================== SHEO PRASAD SINGH, aged about 45 years (Male), son of Late Dinanath Singh, Resident of Village - Chopatahi, P.S.- Piro, District - Bhojpur (Ara). ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Piro P.S. Case No.229 of 2019, registered for the offence under Sections 302, 114, 120-B of the Indian Penal Code and under Section 27 of the Arms Act.
Allegation has been made that on 12.08.2019, the informant and his Fua namely, Dewanti Kuer had gone to see her sister (Fulmanti Devi) and thereafter they were returning. When they were staying under a tree, on two motorcycles, four accused persons came there and fired on his Fua and said that the informant wanted to get the land of his Fua executed in his name. Thereafter, Surendra Mahto, Satyendra Mahto, Ajit
Patna High Court CR. MISC. No.18673 of 2020(4) dt.05-02-2021 2/3 Kumar @ Bhuwar also came there on a Bolero and exhorted to kill and fire so that Dewanti Kuer might not survive. Record shows that the petitioner was one of the persons intending to stop the disposal of the property and he along with others have hired Jitendra Yadav @ Jitu Yadav for killing his Fua and out of total consideration amount of Rs.10,00,000/- an amount of Rs. 2,00,000/-, by way of advance, has been given to Jitendra Yadav @ Jitu Yadav. It also appears that on the fateful day, the lady was killed and all the accused persons fled away. The Police started investigation, in paragraph no.
120 of the case diary, co-accused Jitendra Yadav @ Jitu Yadav himself admitted to be involved and one witness namely, Kamlesh Kumar also identified the petitioner to be one of the persons connived in the commission of murder of the victim. This Court vide different orders has granted bail to almost all the co-accused persons viz. co-accused Jitendra Yadav @ Jitu Yadav has been granted bail vide order dated 26.06.2020 passed in Criminal Miscellaneous No. 2688 of 2020, co-accused Brajesh Kumar @ Funnu Kumar, has been granted bail vide order dated 23.11.2020 passed in Criminal Miscellaneous No. 27837 of 2020, co-accused Ajit Kumar @ Bhuwar has been granted bail vide order dated 17.12.
Patna High Court CR. MISC. No.18673 of 2020(4) dt.05-02-2021 3/3 passed in Criminal Miscellaneous No.79933 of 2019 and coaccused Satendra Mahto @ Satendra Singh has been granted bail vide order dated 09.06.2020 passed in Criminal Miscellaneous No. 18834 of 2020.
The petitioner is in custody since 23.11.2019. Looking to the aforesaid facts, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara, in connection with Piro P.S. Case No.229 of 2019, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner i.e. his mother / father / brother / wife and (ii) the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner. (Shivaji Pandey, J) pawan/- U T