Chulbul Singh @ Alesh Kumar @ Alesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31773 of 2021 Arising Out of PS. Case No.-165 Year-2020 Thana- KHUSRUPUR District- Patna ====================================================== Chulbul Singh @ Alesh Kumar @ Alesh Singh Son of Suresh Singh Resident of Village - Nuruddinpur, P.S.- Khusrupur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan,APP Mr.Abhay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

06-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Khusrupur P.S. Case No. 165 of 2020, registered for the offence under Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, this petitioner is alleged to be order-giver, whereas some other accused caused fire-arm injury and death to the father of the informant. It is submitted on behalf of petitioner that similarly situated co-accused namely Rajesh Kumar Singh @ Rajesh Kumar @ Baudhu Singh has already been granted bail by a coordinate Bench of this Court, vide order dated 27.08.2021 passed in Cr.Misc. No. 12689 of 2021. Petitioner is in custody since 23.01.2021. Investigation is complete.

Patna High Court CR. MISC. No.31773 of 2021(3) dt.06-09-2021 2/2 However, counsel for the informant has vehemently opposed the bail petition and submitted that this petitioner has also played an active part in the entire occurrence. Considering the fact that petitioner is alleged to be order-giver and similarly situated co-accused has already been granted bail, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna City, District - Patna in connection with Khusrupur P.S. Case No. 165 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T