Sippu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36235 of 2021 Arising Out of PS. Case No.-157 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Sippu Kumar Son of Late Ramswaroop Singh Resident of Village - Dariyapur, P.S.- Pipra, Distt.- Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak For the Opposite Party/s :

Mr.Rajendra Pd. Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-12-2021 Heard both parties.

The petitioner seeks bail in Mahua P.S. Case No. 157 of 2019 corresponding to Sessions Trial No. 103 of 2021, registered for the offence punishable under Sections 396/34. of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, on the alleged date and time of occurrence while the brother of informant Manoj Kumar Singh and Birendra Rai were returning after depositing money in the bank, in the meantime, four miscreants surrounded him and tried to snatch the bag. On protest being made, they fired upon them, as a result of which both of them sustained firearm injury and during course of treatment died.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of

Patna High Court CR. MISC. No.36235 of 2021(2) dt.09-12-2021 2/2 investigation, name of this petitioner has come in this case. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner has been remanded in this case on 22.06.2019 and since then he is in judicial custody. Similarly situated coaccused have been granted bail by this Court vide order dated 07.07.2020 passed in Cr. Misc. No. 7096 of 2020, dated 20.10.2020 passed in Cr. Misc. No. 27192 of 2020 and dated 02.11.2021 passed in Cr. Misc. No. 18279 of 2021. Charge has been framed on 26.06.2021.

Considering the facts and circumstances of the case and the fact that similarly situated co-accused have been granted bail by this Hon'ble Court, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge XI, Vaishali at Hajipur in connection with Mahua P.S. Case No. 157 of 2019 corresponding to Sessions Trial No. 103 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T