Karan Tiger @ Karan Trivedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36825 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- BANGAWON District- Saharsa ====================================================== KARAN TIGER @ KARAN TRIVEDI, aged about 24 years (M), Son of Mithlesh Kumar Trivedi, Resident of Village - Purab Tola, Tiwari Tola, P.S.- and Distt.- Saharsa.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sharda Nand Mishra, Advocate.

For the Opposite Party :

Mr.Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 05.03.2019 in a case for the offence registered under Sections 302, 201 and 120(B) of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that the son of the informant had gone with this petitioner and others by vehicle to attend marriage ceremony of sister of co-accused Vikash Jha. The informant got information that firing had taken place during marriage ceremony. In the firing, the son of the informant had sustained gun shot injury and he died. The informant reached Sadar Hospital and found the dead body of his son lying the vehicle from which he had gone to attend marriage ceremony.

Patna High Court CR. MISC. No.36825 of 2019(2) dt.27-06-2019 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The son of the informant had gone alongwith co-accused persons to attend the marriage of sister of co-accused Vikash Jha where in celebration, gun was being fired. Accidentally, he sustained gun shot injury which led to his death. The father of the deceased raised suspicion that his son has been done to death by the accused persons. Later on, the informant has filed an application in the learned court below where he has retracted from his earlier statement made in the F.I.R stating that the case has been instituted due to mistake of fact, vide Annexure-2 to the present application. Other coaccused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 28393 of 2019 order dated 01.05.2019.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.36825 of 2019(2) dt.27-06-2019 3/3 the like amount each to the satisfaction of the learned A.C.J.M. Saharsa, in connection with Bangaon P.S. Case No. 17 of 2019. (Sudhir Singh, J) U.K./- U T