Rama Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.267 of 2017 (3) dt.15-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.267 of 2017 Arising Out of PS.Case No. -59 Year- 2016 Thana -KARPI District- JEHANABAD ======================================================

1. Rama Singh S/o Late Goal Singh Resident of Village-Shivnagar, P.S. Karpi, District-Arwal .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Karpi Police Station Case No. 59 of 2016, disclosing offences under Sections 302/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him rather the specific allegation is attributed to co-accused Gautam Kumar, who fired on the informant with his pistol resulting his death. Moreover, co-accused, Brajesh Kumar, having more or less similar allegation, has already been granted regular bail by a co-ordinate Bench of this Court in Cr. Misc. No. 35529 of 2016. Hence, in

Patna High Court Cr.Misc. No.267 of 2017 (3) dt.15-02-2017 absence of sufficient material proving implication of this petitioner in the alleged occurrence, it would not be proper to detain the petitioner, who is of clean antecedent, for his no fault. Therefore, in the interest of justice, he may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal, in connection with Karpi Police Station Case No. 59 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T