Raja Kumar Singh @ Golu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37111 of 2021 Arising Out of PS. Case No.-446 Year-2020 Thana- DUMRAO District- Buxar ====================================================== RAJA KUMAR SINGH @ GOLU SINGH Son of Bijendra Singh Resident of Village - Chilahari, P.s.- Dumraon, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned counsel for the informant and learned APP for the State. Petitioner seeks bail in connection Dumraon (Naya Bhojpur) P.S. Case no. 446 of 2020 registered for the offence punishable under sections 147, 148, 149, 341, 323, 302 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is in custody since 1.3.2021 and charge sheet has been submitted and has two antecedent as has been stated in the supplementary affidavit. Learned counsel for the petitioner further submits that from perusal of antecedent, it would manifest that both cases are of the year 2011 and 2013. Learned counsel submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant specifically named

Patna High Court CR. MISC. No.37111 of 2021(2) dt.07-12-2021 2/3 accused persons in the FIR and alleges that it was Birbal Yadav who shot at the father of the informant below the left ear and later Amit Yadav and Manish Yadav also fired on various parts of the body of the father of the informant and Suraj also fired 2/3 rounds towards the house of the informant and accused were accompanied by 2/3 unknown persons. Learned counsel submits that petitioner is not named in the FIR and as far as allegation of firing is concerned, informant has specifically named accused persons in the FIR who had fired at his father. Learned counsel further submits that his name transpired during course of investigation that he was instrumental in hatching conspiracy in getting father of the informant killed.

Learned counsel for the informant opposes the bail application and submits that role of the petitioner was of a liner and conspirator in the crime.

Learned APP opposes the prayer for bail also. Considering the facts that petitioner is in jail custody and charge sheet has been submitted and is not named in the FIR, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Dumraon (Naya Bhojpur)

Patna High Court CR. MISC. No.37111 of 2021(2) dt.07-12-2021 3/3 P.S. Case no. 446 of 2020 with condition that petitioner will mark his attendance in between 20-25 of every month commencing from January, 2022 till the charges are not framed. In the event it is reported by local police that petitioner has not marked his attendance in between 20-25 of any of the month till framing of the charge, the learned court below will be at liberty to cancel his bail bond.

(Satyavrat Verma, J) s.hassan/- U T