Sunil Singh @ Sunil Kr. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19353 of 2020 Arising Out of PS. Case No.-207 Year-2019 Thana- DAWATH District- Rohtas ====================================================== SUNIL SINGH @ SUNIL KR. SINGH Son of Late Kamleshwar Singh Resident of Village-Chatara, Police Station-Dawath, District-Rohtas ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. L. K. Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-06-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office within two weeks of normal functioning of the Court after the lockdown, failing which, office is directed to place the matter before the Bench for appropriate order.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 307, 302 & 504 of the Indian Penal Code and Section 27 of the Arms Act. While the informant was regressing to his house and when he reached near his door, he heard sound of firing towards

Patna High Court CR. MISC. No.19353 of 2020(2) dt.09-06-2020 2/3 the house of Satrughan Singh. The other family members of the informant were standing near the road, due to which the informant raised alarm to flee away. In the meantime, on the order of Shailendra Dubey @ Pintu Dubey and Sunil Singh (petitioner) co-accused Satrughan Singh resorted firing with rifle due to which his relative Ankit Kumar Singh died on the spot. Thereafter, other accused persons escaped from the place of occurrence resorting firing.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner is only an order giver and there is no specific allegation of firing against him. The main allegation of resorting firing is on the coaccused Satrughan Singh and not on the petitioner. The doctor, who conducted the autopsy of the cadaver of the deceased has found the cause of death as hemorrhage and shock due to fire arm injury. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has been languishing in custody since 26.12.2019. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.19353 of 2020(2) dt.09-06-2020 3/3 Additional Chief Judicial Magistrate-I, Bikramganj, Rohtas in connection with Dawath P.S. Case No.207 of 2019. (Anjani Kumar Sharan, J) Trivedi/- U T