Pavan Singh @ Golu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26445 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- BARHARA District- Bhojpur ====================================================== PAVAN SINGH @ GOLU SINGH S/O Late Bhim Singh Resident of Vill - Rampur, P.S. - Ara Muffasil, Dist. - Bhojpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-12-2020 Heard Mr. Rajani Ranjan Pd. Singh, learned counsel for the petitioner and Mr. Nagendra Prasad, Additional Public Prosecutor for the state through video conferencing.
2. Petitioner seeks regular bail in connection with Barhara (Krishnagarh) PS Case No. 01/2020 registered for the offence punishable under Sections 302, 120(B) of the IPC and Section 27 of the Arms Act.
3. The allegation, as per First Information Report, is that while informant was standing near the poultry farm of his nephew, namely, Mukesh Kumar, the petitioner and other accused persons, four in numbers, arrived there on two motorcycles and inquired about the price of chicken and after having some hot talks, one of the accused persons, namely, Sonu fired upon his nephew's head and upon the right side of the stomach and then all the accused persons fled away and the
Patna High Court CR. MISC. No.26445 of 2020(4) dt.05-12-2020 2/3 nephew of the informant died while he was being taken to the hospital.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and there was a previous dispute between the nephew of the informant and the accused, Sonu regarding demand of song in a dance programme which took place in the village. Learned counsel for the petitioner further submits that petitioner has been implicated in this case merely on the basis of suspicion. Learned counsel next submits that, allegedly, the firing upon the deceased was made by the co-accused, Sonu.
5. Learned counsel submits that the petitioner is in custody since 02.01.2020 without having criminal antecedents of similar nature.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 02.01.2020 without having criminal antecedents of similar nature, I am inclined to grant regular bail to the petitioner.
7. Accordingly, let the petitioner, PAVAN SINGH @ GOLU SINGH be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like
Patna High Court CR. MISC. No.26445 of 2020(4) dt.05-12-2020 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara (Krishnagarh) PS Case No. 01/2020.
8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T