Murari Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.30587 of 2016 (5) dt.22-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30587 of 2016 Arising Out of PS.Case No. -381 Year- 2014 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Murari Singh Son of Ram Bilash Singh, resident of Village Rahatpur, P.S. Baliya, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Smt. Soni Shrivastava, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2016 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the I.P.C. and Section 27 of the Arms Act.

The prosecution case, in short, is that on the alleged date and time of occurrence, the informant's son was doing concrete construction work of the road, suddenly nine accused persons including the petitioner surrounded her son and they all were armed with pistol and fire arms in their hand. On the order of accused Ram Bilash Singh, petitioner and accused Karu Singh shot fire on the chest of her son but her son tried to flee away and then all the accused persons made indiscriminate firing upon the

Patna High Court Cr.Misc. No.30587 of 2016 (5) dt.22-09-2016 son of the informant, resulting his death on the spot. It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.7.2014 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. Altogether nine persons including the petitioner are named in the F.I.R. The petitioner is said to have fired on the chest of the deceased. The postmortem report does not indicate any injury on the chest. On behalf of the State and the learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. and has actively participated in the alleged occurrence.

Considering the aforesaid facts and circumstances, it is directed that 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 Sessions Judge IVth, Begusarai in Sessions Trial No.277 of 2015 arising out of Begusarai Town P.S. case No.381 of 2014.

(Sudhir Singh, J) Narendra/- U T