Awadesh Singh @ Abdesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20912 of 2020 Arising Out of PS. Case No.-517 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== AWADESH SINGH @ ABDESH SINGH, male aged about 36 years, Son of Umesh Singh Resident of Tola- Ram Nagar, Village - Ramdiri, P.S.- Matihani, District - Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pritish Kumar Lal, Adv For the Opposite Party/s :

Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately after the lockdown ends, and in any event within one month thereof.

2. The petitioner is in custody since 26.11.2019 in connection with Muffasil P.S. Case No. 517 of 2017 for the alleged offences under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with murder of the informant's son Bhushan Kumar who was fired at by miscreants. It is submitted that the petitioner has not been named in the FIR which has been instituted against unknown persons. The petitioner's name has surfaced on the extra judicial confessional statement of coaccused Rajnikant Kumar who has stated that on the order of the

Patna High Court CR. MISC. No.20912 of 2020(2) dt.25-06-2020 2/2 petitioner, the miscreants opened fire. It is submitted that in the said confessional statement, at best the petitioner is said to be the order giver and there is no material to attribute the petitioner with any assault. The petitioner's case stands on better footing than that of co-accused Rajnikant Kumar, who has been granted bail by this Court in Cr. Misc. No. 14502 of 2018. The petitioner claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 26.11.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Begusarai in connection with Muffasil P.S. Case No. 517 of 2017, if he is not otherwise required in any other case.

6. Office shall ensure that all defects have been removed and compliance with the notices of this Court has been made, within the stipulated time as provided in para 1 hereinabove.

(Vikash Jain, J) Chandran/- U T