Kundan Singh @ Kunal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25329 of 2019 Arising Out of PS. Case No.-343 Year-2018 Thana- RAJGIR District- Nalanda ====================================================== KUNDAN SINGH @ KUNAL SINGH, son of late Angarh Singh, Resident of Village- Dharmpura, P.S-Rajgir, District-Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP For the Informant :

Mr. Satya Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 23-04-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Rajgir P.S. Case No.343 of 2018 instituted for the offence under Section(s) 302 and other allied sections of Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioner submits that petitioner has clean antecedents. He is only alleged to be member of unlawful assembly.

It is alleged in the written report that on the occasion of Chhath Puja the informant along with his father and cousin were going to east side from his house for Chhath Puja. As soon as they reached near Gaushala of Raushan Kumar, this

Patna High Court CR. MISC. No.25329 of 2019(2) dt.23-04-2019 2/3 petitioner along with other accused persons surrounded them and started dragging Jhichha Singh and Sanjeev Kumar Singh. It is further alleged that Vijay Singh fired from his pistol on Jhichha Singh causing firearm injury below his right ear. Rahul Singh and Avinash Singh also fired on Sanjeev Kumar Singh on his chest. Karu Singh @ Navin Singh fired from his country made pistol causing injury to Sanjeev Kumar Singh in his neck. Jhichha Singh and Sanjeev Kumar Singh fell down on the earth after sustaining firearm injury. Thereafter, accused persons fled away. Jhichha Singh and Sanjeev Kumar Singh subsequently died at the spot.

From the written report, it is apparent that there is specific allegation of causing firearm injury against Vijay Singh, Rahul Singh, Avinash Singh and Karu Singh @ Navin Singh. Counsel for the informant has appeared and opposed the prayer for bail.

Petitioner is in custody since 02.02.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,

Patna High Court CR. MISC. No.25329 of 2019(2) dt.23-04-2019 3/3 Nalanda, in connection with Rajgir P.S. Case No.343 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T