Ram Uday Prasad Singh @ Ram Uday Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26014 of 2022 Arising Out of PS. Case No.-54 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Ram Uday Prasad Singh @ Ram Uday Singh Son of Late Shekho Singh Resident of Village - Pahsara, P.s.- Nawkothi, Distt.- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sada Nand Roy, Advocate For the Opposite Party :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections-323, 341, 506, 307/34 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case in short is that the informant was going to village Chhatauna to pay some dues amount to one, Ganesh Singh While he reached Enaiya Theka Chauk, the petitioner along with other FIR named accused and three unknown persons came there with pistol by Bolero and restrained him. On the order of petitioner/accused, co-accused, Nitish Kumar and Brajesh Kumar

Patna High Court CR. MISC. No.26014 of 2022(2) dt.14-11-2022 2/2 fired upon the informant which passed away beside the leg of the informant.

It is submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is 72 years old. There is no allegation of assault alleged against the petitioner. The petitioner is said to be an order giver. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. Learned counsel for the State submits that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the petitioner named above, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rajiv Ranjan, learned Judicial Magistrate-Ist Class, Begusarai in connection with Nawkothi P.S. Case No. 54 of 2021 subject to the conditions as laid down under Section-438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T