Patna High CourtCR. MISC./55595/2016allowed

Roushan Kumar v. The State Of Bihar

2017-01-09Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55595 of 2016 Arising Out of PS.Case No. -35 Year- 2014 Thana -PATNA GRP CASE District- PATNA ====================================================== Roushan Kumar, Son of Tej Narayan Singh, a resident of Village- Rampur, Dumra, Police Station- Maranchi, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party : Mr. Sri Abhay Kumar - 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

After performing puja, Gopal Singh @ Biru Singh and his friend Dinesh Singh were returning and during course thereof, as alleged by the informant, they indulged in an altercation with Bittu Singh, Ranjit Singh, Banti Singh, Guddu Singh and Roushan Singh (petitioner) at Rampur Dumra station. Then, thereafter, they proceeded but were intercepted by one Shankar Singh who made conversation with them and during course thereof, Guddu Singh, Ranjit Singh, Bittu Singh and Bunty came out of whom Guddu, Ranjit and Bittu took out pistol while Bunty came forward and prevented them to proceed. During midst thereof, Bittu pumped bullet as a result of which his uncle died at

Patna High Court Cr.Misc. No.55595 of 2016 (2) dt.09-01-2017 2/2 the spot while Dinesh Singh sustained injury on his leg. Petitioner's presence at subsequent stage is found lacking. From the order impugned, it is evident that learned lower court had an occasion to go through the case diary but without any development on that very score. Furthermore, petitioner happens to be under custody since 30.03.2016. Co-accused Bunty Singh had already been granted bail vide Cr. Misc. no. 17378 of 2016. Accordingly, petitioner Roushan Kumar is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Railway Magistrate, Patna in connection with Mokama Rail P.S. case no. 35 of 2014.

(Aditya Kumar Trivedi, J.) rinkee/- U T