Ghanshyam Singh @ Jiut Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39270 of 2016 Arising Out of PS.Case No. -45 Year- 2016 Thana -DURAULI District- SIWAN ====================================================== Ghanshyam Singh @ Jiut Singh, S/o Sri Chhabila Singh, R/o VillageKhap Punak, P.S.- Darauli, District- Siwan. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-11-2016 Heard counsel for the petitioner and Mr. Dayal, APP for the State.
Having been lodged in jail custody since 28.06.2016 in connection with Darauli P.S. Case No. 45 of 2016 registered under section 302/34 IPC, the petitioner has prayed for grant of bail.
As per the FIR, owing to the land dispute and previous criminal case having been lodged against the present prosecution side, it is alleged that the co-accused Ravindra Singh shot the brother of the informant in his head causing his death. The informant further alleged that the other co accused persons which includes the petitioner,
Patna High Court Cr.Misc. No.39270 of 2016 (3) dt.18-11-2016 2/3 had also hands in murder of his brother.
Learned counsel for the petitioner submits that it is Revindra Singh who is said to have fired at the victim causing his death. Only a suspicion is raised by the informant in the FIR about the involvement of the petitioner besides others in the crime. It is stated that in course of investigation names of the petitioner as well as one Rajendra Singh transpired as the persons who had also accompanied the co-accused Rabindra Singh. It is submitted that the co-accused Rajendra Singh has since been granted anticipatory bail by this Court vide order dated 06.10.2016 passed in Cr. Misc. No. 41185 of 2016. The petitioner is not accused in any other criminal case.
Considering the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of CJM, Siwan in Darauli P.S. Case No. 45 of 2016 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear personally on each date fixed at the trial. In
Patna High Court Cr.Misc. No.39270 of 2016 (3) dt.18-11-2016 3/3 case he skips his appearance thereat on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law. (Kishore Kumar Mandal, J) HR/- U T