Shyam Sunder Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34484 of 2016 Arising Out of PS.Case No. -145 Year- 2015 Thana -SAHIYARA District- SITAMARHI ====================================================== Shyam Sunder Singh S/o Late Ram Vikash Singh, Resident of villageChainpura, P.S.- Riga, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302 and 120(B)/34 of the I.P.C. and Section 27 of the Arms Act.

The prosecution story, in brief, is that on the alleged date and time of occurrence the informant, who is Munshi of Raj Kishore Prasad at his brick-kiln, along with his owner Raj Kishore Prasad was going home on motorcycle and in the way three miscreants indiscriminately fired upon his owner, as a result of which his owner sustained fire-arm injury and fell down. The informant raised alarm, on which the labourers came but the miscreants fled away. In course of treatment he died. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.34484 of 2016 (3) dt.19-10-2016 2/2 the petitioner is in custody since 9.2.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. Except for his self confession there is no other material to suggest his implication in the present case. There is no eye witness to the alleged occurrence. The other co-accused has been granted bail vide Cr.Misc.No.24061 of 2016. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

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 A.D.J. IInd, Sitamarhi in connection with Sessions Trial No.322 of 2016 arising out of Sahiyara P.S. case No.145 of 2015. (Sudhir Singh, J) Narendra/- U T