Sameer Bharti @ Pappu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27184 of 2024 Arising Out of PS. Case No.-222 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Sameer Bharti @ Pappu Singh Son of Shiv Shankar Singh R/o VillageShivnathpur, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Ranjan, Adv.
For the Opposite Party/s :
Mr.Harendra Prasad, APP For the I n f o r m a n t :
Mr. Shubhesh Pandey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Bibhutipur PS Case No. 222 of 2023, dated 24-06-2023, instituted for the offence punishable under Sections 341, 342,302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.
3. As per the prosecution story, while daughter of informant, namely, Komal kumari along with her friend, namely, Anupriya was returning from coaching, in the meantime, named accused persons along with 4-5 unknown persons surrounded her. The informant was also going to his
2/4 field taking the same route. Further, on the orders of petitioner and one Lalan Singh, co-accused Kundan Kumar shot his daughter in the head..Thereafter, the accused persons, namely, Lalan Singh and petitioner fired indiscriminately before leaving the place. The informant reached near his daughter and found that his daughter was writhing on the ground and blood was oozing from her head. It is also stated that co-accused Rani Devi while running was uttering that failure to marry the accused has resulted into her death.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. It is submitted that FIR has been lodged against four named accused persons as well as 4-5 unknown persons. Petitioner is named accused persons. The specific allegation of assault is against the co-accused, namely, Kundan Kumar of having shot dead the informant's daughter by opening fire which hit her head. So far as this petitioner is concerned, at best, he was the order giver and no specific allegation of assault has been made against him. Further during the course of investigation, no material has come to show the complicity of the petitioner in the alleged occurrence in any manner. Petitioner is in custody since 22-11-2023. Lastly, it is submitted that
3/4 twelve criminal cases are pending against him.
5. Learned counsel for the informant and learned APP for the State have vehemently opposed the prayer for bail. It is submitted that petitioner is one of the associates of said Kundan Kumar.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Rosera in Bibhutipur PS Case No. 222 of 2023, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4/4
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) shyambihari/- U