Patna High CourtCR. MISC./18576/2016bail granted

Raushan Singh v. The State Of Bihar

2016-05-02Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.18576 of 2016 (2) dt.02-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18576 of 2016 Arising Out of PS.Case No. -206 Year- 2015 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Raushan Singh Son of Sri Bijay Singh resident of village - Jaitpur, P.S. Barahiya, District - Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kr. Thakur Mr. Nilesh Kumar For the Opposite Party/s Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 02.05.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 302/34 of the Indian Penal Code as well as section 27 of the Arms Act.

The present FIR has been registered against 13 persons including the petitioner whereas 3 to 4 unknown persons are also made accused.

The accusation against all the named and unnamed persons is that they made indiscriminate firings causing death of the informant's brother, namely, Mohan Kumar.

Learned counsel for the petitioner submits that only seven firearm injuries were found on the person of the deceased and, as a matter of fact, petitioner has been implicated in this case being co-

Patna High Court Cr.Misc. No.18576 of 2016 (2) dt.02-05-2016 villager Petitioner is in jail custody since 26.10.2015 and investigation against him has already been completed. Petitioner does not have any criminal antecedent and antecedent goes to show that release of the petitioner does not hamper his trial nor there is any material to show that there is any apprehension of tampering with the prosecution evidence at the hand of the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in Barahiya P.S. Case no. 206/2015. shahid (Hemant Kumar Srivastava,J) U T