Bittu Singh @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46357 of 2018 Arising Out of PS.Case No. -117 Year- 2017 Thana -NAWAKOTHI District- BEGUSARAI ======================================================

1. Bittu Singh @ Bittu Kumar S/o Duna Singh @ Sri Dhuna Prasad Singh, R/o Vill.- Pahsara, P.S.- Nawkothi, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 Counsel for the petitioner is permitted to make necessary correction in para-3 of the main application in course of the day. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 141, 148, 149, 341, 342, 302, 120(B) of the Indian Penal Code, 27 of the Arms Act and Sections-3 & 4 of Explosive Substance Act.

The prosecution case, in brief, is that while the informant was returning with his son and daughter-in-law, the accused persons surrounded them and on the order of Tuna Singh, Aako Singh fired upon the son of the informant, who succumbed to the injuries. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.46357 of 2018 (3) dt.25-10-2018 petitioner has been falsely implicated in the present case. The main allegation of firing upon the deceased is against co-accused Aku Singh and Bambam Singh. The other co-accused are alleged to have assaulted the deceased with rod and stone. So far the petitioner is concerned, no injury is attributed against him. He is said to be member of unlawful assembly.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Raghubir Prasad, learned J.M. Ist Class, Begusarai in connection with Nawkothi P.S. Case No. 117 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T