Patna High CourtCR. MISC./50790/2015allowed

Shempu Singh @ Vikash Singh v. The State Of Bihar

2015-11-04Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50790 of 2015 Arising Out of PS. Case No. -61 Year- 2015 Thana -KASMA District- AURANGABAD ====================================================== Shempu Singh @ Vikash Singh, Son of Sri Satyendra Singh, Resident of Village- Duggul, P.S. Kasma, District- Aurangabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava (APP) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under Section 302, 201/34 of the Indian Penal Code. The allegation is that all 7-8 accused persons including the petitioner took meal with Vikash Kumar, elder brother of the informant. It is alleged that some altercation took place and Rahul and Raju Singh assaulted his brother. Furthermore, Rahul Kumar Singh tied Gamchha around the neck of Vikash Kumar, who subsequently died on account of strangulation. The dead body was taken away by Ram Pravesh Singh, Sanjay Singh and Ajay Singh.

The petitioner submits that he was not present on the spot when the occurrence took place. The allegation against him is that he was sitting on a Bolero vehicle.

Patna High Court Cr.Misc. No.50790 of 2015 (2) dt.04-11-2015 2 / 2 In the facts and circumstances, in the event of arrest or surrender before the court below within four weeks from today the above named petitioner be released on bail on furnishing bail bond of Rs.5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sri S. K. Mishra, Judicial Magistrate, 1st Class, Aurangabad in connection with Kasma P.S. Case no. 61 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Samarendra Pratap Singh, J.) Uday/- U T