Sunil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5892 of 2017 Arising Out of PS.Case No. -70 Year- 2009 Thana -PARBATTA District- BHAGALPUR ====================================================== Sunil Singh S/o Janardan Singh resident of Village - Karna, P.S. - Parbatta, District - Khagaria.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bipin Kumar, Advocate For the Opposite Party : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-02-2017 Heard.

The petitioner is in custody in connection with Parbatta P.S.Case No.70 of 2009 registered for an offence under Sections 324, 307 and 302/34 of the IPC.

As per prosecution case, the petitioner along with two others had taken Rs.1,10,000/- from the informant for installing Mobile Tower. The accused persons neither installed the mobile tower nor returned the money. On repeated request they agreed to return the money in instalment and for this purpose, they called the informant to their village. It has further alleged that the accused Bablu Singh gave him an amount of an mount of Rs.25,000/- on 07.06.2009 and when he along with Bablu Singh and four others were coming together, they suddenly stopped in

Patna High Court Cr.Misc. No.5892 of 2017 (2) dt.15-02-2017 2/3 the way and assaulted the informant and snatched his money. They caused injury to the informant by knife blow. The informant has further alleged that two ladies were also found murdered at some distance.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He further submits that FIR named Bablu Singh who accompanied the informant caused, injury and snatched the money has been allowed bail by the coordinate Bench of this Court in Cr.Misc.No.50833 of 2012. Other four accused Guddu Yadav, Gholtan Yadav, Arun Singh and Shashi Mandal have also been allowed bail in Cr.Misc.No.44027 of 2012, Cr.Misc.No.2439 of 2017 and Cr.Misc.No.21621 of 2010 respectively. The case of this case petitioner stands on better footing as his name has not been disclosed among the participants who snatched money and assaulted the informant by knife.

However, learned APP opposed the prayer for bail but he concedes that this case stands on similar footing. Considering the aforesaid facts and circumstances and also the fact that the case of this petitioner stands on similar footing, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with

Patna High Court Cr.Misc. No.5892 of 2017 (2) dt.15-02-2017 3/3 two sureties of the like amount each to the satisfaction of CJM, Naugachia or appropriate court below in connection with Parbatta P.S.Case No.70 of 2009.

(Sanjay Kumar, J) B.Kr./- U T