Bahadur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34192 of 2019 Arising Out of P.S. Case No.-196 Year-2018 Thana- SAHAR District- Bhojpur ====================================================== BAHADUR SINGH, aged about 28 years (Male), Son of Raja Ram Singh Resident of Village - Bajrean, P.S.- Sahar, Dist.- Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ravindra Kumar, Advocate For the Opposite Party :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner, learned Additional Public Prosecutor and perused the case diary. The petitioner is in custody in connection with Sahar P.S.Case No.196 of 2018 registered for an offence under section 302/34 of the Indian Penal Code.

The prosecution case is that when the informant reached to village-Vishpur Tola near bridge then he saw his son on motorcycle going towards his house from Barauni Bazar and in the meantime, all the accused persons surrounded his son and fired upon his son which hit his chest as a result of which he died at the spot.

It is submitted on behalf of the petitioner that there is no specific allegation against this petitioner. He further submits that though the allegation of firing against two persons

Patna High Court CR. MISC. No.34192 of 2019(5) dt.28-08-2019 2/2 including the petitioner but the postmortem report goes to show that only one fire arm injury has been found on the person of the deceased. It is also submitted that similarly situated coaccused Jalandhar Singh whose case is on similar footing has been allowed regular bail by a coordinate Bench of this Court in Cr.Misc.No.80784 of 2018 vide order dated 28.02.2019. Petitioner has got no criminal antecedent and he is in custody since 30.08.2018.

In the view of the aforesaid facts, let the above named petitioner 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 Chief Judicial Magistrate-X, Bhojpur at Ara in connection with Sahar P.S.Case No.196 of 2018 with condition that the petitioner shall fully cooperate in the trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U T