Deepak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31299 of 2020 Arising Out of PS. Case No.-468 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== DEEPAK SINGH S/o Late Sri Bhagwan Singh Resident of VillageNathwalpur, P.S.- Barahara, Dist- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Nath Sinha For the Opposite Party/s :

Mr.A.G.

For the informant : Mr. Shiv Prasad Gupta, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302, 386/34, 120B of the Indian Penal Code and 27 of the Arms Act.

Allegedly, Nityanand Singh and Ravi Singh shot at the informant's brother. The informant's brother was being taken to Paras

Patna High Court CR. MISC. No.31299 of 2020(2) dt.02-12-2020 2/2 Hospital for better treatment but in the way, the informant's brother succumbed to the injury.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 09-02-2020. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is not named in the FIR. The main allegation of assault is alleged against co-accused namely, Nityanand Singh and Ravi Singh who are said to have fired upon the deceased. The name of the petitioner has transpired in this case in course of investigation. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 Additional District & Sessions Judge-XV, Ara, Bhojpur in connection with Barahara P.S. Case No. 468 of 2019.

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