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Patna High CourtCR. MISC./31258/2015disposed

Deepesh Singh v. The State Of Bihar

2015-11-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31258 of 2015 Arising Out of PS.Case No. -682 Year- 2012 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Deepesh Singh Son of Sri Ran Bijay Singh resident of village - Sirisiya, Police Station - Chanpatia (Sirisiya), District - West Champaran at Bettiah. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 326, 307, 120B/34 of the Indian Penal Code and 27 of the Arms Act. Later on Section 302 of the Indian Penal Code was added.

The prosecution case is that the husband of the informant went outside the house after receiving telephone call. When two persons resorted to fire, leading to his death on the spot.

It is submitted by the learned counsel for the petitioner that petitioner was not named in the First Information Report. On confession of co-accused the name of

Patna High Court Cr.Misc. No.31258 of 2015 (4) dt.03-11-2015 the petitioner sprang up. It is further submitted that the confessional statement of co-accused Santosh Kumar Patel, suggests that firing was made by co-accused Rohit Kumar Singh and Santosh Kumar Patel. Considering the same, the coaccused Jitendra Kumar @ Jitendra Kumar Gupta has been granted anticipatory bail vide Cr. Misc. No. 14747 of 2014. It appears that the other co-accused persons have been granted regular bail vide Cr. Misc. No. 35682 of 2013, 9267 of 2013 and 28866 of 2013.

The aforesaid facts constitute ground for consideration of prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Bettiah (Town) P.S. Case No. 682 of 2012, pending in the court of learned Chief Judicial Magistrate, Bettiah, West Champaran. With this observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T