Patna High CourtCR. MISC./6817/2015bail granted

Dinesh Singh v. The State Of Bihar

2015-02-19Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.6817 of 2015 (2) dt.19-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6817 of 2015 Arising Out of PS.Case No. -191 Year- 2014 Thana -MANSI District- KHAGARIA ======================================================

1. Dinesh Singh Son of-Ratan Singh, Resident of Village-Bangaliya, P.S.- Mansi, District-Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2.

19-02-2015.

Heard both sides.

Petitioner seeks bail in a case under Section 302/34 IPC and section 27 of the Arms Act.

The informant named 12 persons in the F.I.R and alleged that Santosh Singh, Vikas Singh and Babloo Singh started firing which hit his wife. The informant further alleged that the firing made by Santosh Singh hit on the head of his wife. Learned counsel for the petitioner submits that the petitioner is mere a member of the mob. No overt act is alleged against the him.

On the other hand, learned counsel for the informant, while opposing the prayer of bailsubmitted that the petitioner was the king-pin and at his instance, the occurrence took place. On bare perusal of the F.I.R, it appears that the informant did not make any allegation against the petitioner. The informant simply alleged that 12 persons came out of which Santosh Singh, Vikas Singh and Babloo Singh started firing and

Patna High Court Cr.Misc. No.6817 of 2015 (2) dt.19-02-2015 the shot of Santosh Singh hit the head of his wife, who died. Considering the fact that there is no allegation against the petitioner, the petitioner, named above, is directed to be enlarged 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 Chief Judicial Magistrate, Khagaria in connection with Mansi P.S.Case No.191 of 2014 9 (G.R.no.2133 of 2014).

(Prabhat Kumar Jha, J.) ahk/- U T