Chandra Bhushan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54781 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================

1. Chandra Bhushan Singh, Son of Arbind Singh,

2. Pravindra Singh @ Pravin Singh @ Parmindra Singh, son of Jogindra Singh, Both are residents of Village- Phatahpur, P.S.- Raghopur, District- Vaishali.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-01-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State. The petitioners seek bail in a case instituted under Sections 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioners is of calling the deceased from his house and thereafter the co-accused namely Arbind Kumar is said to have shot the deceased from his licensee rifle. Thereafter the deceased was taken to Rajeshwar Hospital, Patna for treatment, where he died.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 30.08.2016. The charge sheet

Patna High Court Cr.Misc. No.54781 of 2016 (2) dt.09-01-2017 2/2 has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The main allegation has been made against co-accused namely Arbind Singh. It is further submitted that the petitioners may be released on bail after completion of six months in custody i.e. from 30.08.2016.

On behalf of the state and the learned counsel for the informant, it has been submitted that the petitioners are named in the F.I.R. The main allegation has been made against other coaccused namely Arbind Singh. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail after completion of six months in custody i.e. from 30.08.2016, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali, in connection with Raghopur P.S. Case No. 34 of 2016. (Sudhir Singh, J.) Amit/- U T