Bambam Singh @ Banara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53741 of 2016 Arising Out of PS.Case No. -59 Year- 2016 Thana -MARANCHI District- PATNA ====================================================== Bambam Singh @ Banara, S/o Dina Nath Singh, Resident of VillageMaranchi, P.S. Maranchi, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate. For the Opposite Party/s : Mr. Mithilesh Kumar Khare, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner, who is in custody, seeks bail in connection with Maranchi P.S.Case No. 59 of 2016 registered under Sections 341, 307, 504,506,120B/34 of the Indian penal Code and Section 27 of the Arms Act.
Prosecution case, in brief, is that on 23.09.2016, accused persons abused the informant and made attempt to assault him, as he was asked to give evidence in their favour in connection with Maranchi P.S.Case No. 75 of 2013. It is alleged that one co-accused Kanhaiya Kumar with intent to kill him shot at him, but he escaped.
Learned counsel for the petitioner submits that the allegation is false and frivolous. Judgment in connection with
Patna High Court Cr.Misc. No.53741 of 2016 (3) dt.21-12-2016 2/2 Maranchi P.S.Case No. 75 of 2013, being Sessions Trial No. 768 of 2014, was delivered by the trial court on 12.03.2015 much prior to lodging of the present FIR and, therefore, there is no question of assaulting the witness for giving pressure for tampering with the evidence and he has been in custody since 06.10.2016. Considering the aforementioned facts and circumstances, the petitioner, named above, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Maranchi P.S. Case No. 59 of 2016. (Arun Kumar, J) Sujit/- U