Shashibhusan Singh @ Fauzi Singh @ Shashibhusan Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24979 of 2015 Arising Out of PS.Case No. -245 Year- 2011 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shashibhusan Singh @ Fauzi Singh @ Shashibhusan Prasad Singh Son of Suresh Prasad Singh Resident of village - Pagahiya ( Motipur ), Police Station - Kathaiyan, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Arun Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-01-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 302, 34 and 120 B of the I.P.C, section 27 of the Arms Act and section 3⁄4 of the Explosive Substance Act. The petitioner is not named in the first information report and during investigation the name of the petitioner transpires.

Submission is that besides suspicion there is nothing against the petitioner, in this case FIR named accused and others have been allowed either regular bail or pre-arrest bail and the petitioner is suffering in custody since 18.12.2013. The petitioner in other cases except one is on bail and as such he deserves

Patna High Court Cr.Misc. No.24979 of 2015 (4) dt.04-01-2016 2/2 sympathetic consideration.

The learned A.P.P. after going through the case diary fairly submits that there is no direct evidence against the petitioner and his name transpired only on suspicion.

Considering that co-accused Manibhushan Mishra @ Tuttu, Rajeev Thakur, Rajnikant Chaudhary, Shashibhushan Mishra @ Pappu Mishra and Pushpa Devi have already been allowed bail by another coordinate Benches of this Court vide Annexures- 2 and 3 series and as such the petitioner is also directed to 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 the Additional Sessions Judge, 9th, East Champaran at Motihari in Sessions Trial No. 536 of 2014 arising out of Chakia P.S. Case No. 245 of 2011, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T