Raghubansh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.513 of 2021 Arising Out of PS. Case No.-247 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Raghubansh Singh Son of Late Rama Shankar Singh Resident of Village - Sadullahpur, PS- Ramgarh, Distt.- Kaimur (Bhabhua). ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Yogendra Kumar, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so.

The petitioner seeks bail in Ramgarh PS Case No 247 of 2019, instituted for the offence under Sections 341,323,307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

On a motorcycle informant along with two other persons was returning from Durga Puja festivities when attempt was made to snatch the motorcycle by some persons. The petitioner has been identified as one of these persons. The accused persons have threatened the informant with life in case of disclosure of the incident to anyone. When the prosecution party proceeded to give information to the police station, it is alleged that Yogendra Singh started firing which hit Ram Ekbal Tiwary and Shashikant

Patna High Court CR. MISC. No.513 of 2021(2) dt.09-03-2021 2/2 Tiwari. Firing upon Omkar Pandey and Pravin Kumar Pandey is attributed against co-accused Raju Singh. It is submitted by the petitioner that the said co-accused Yogendra Singh has already been allowed bail in Cr. Misc. No. 77421 of 2019.There is no overt act alleged against the petitioner. Having no antecedent he is in jail since 22.08.2020.

The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, let 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 the learned Additional Sessions Judge-V-cum-Special Judge, Excise Act, Kaimur at Bhabua, in connection with Ramgarh PS Case No 247 of 2019, corresponding to Excise Case No 32 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J.) shyambihari/- U T