Prabhunath Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53078 of 2019 Arising Out of PS. Case No.-205 Year-2019 Thana- BHORE District- Gopalganj ====================================================== PRABHUNATH SINGH, Son of Late Jagdish Narain Singh @ Jagdish Khan, Resident of Village - Bhore, P.S.- Bore, District - Gopalganj ... Petitioner
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Mukesh Kant, Adv.
For the State :
Mr. Dinesh Singh, APP For the Informant :
Mr. Yogesh Chandra Verma, Sr. Adv. with Mr. Manoj Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner, learned Senior Advocate, Sri Yogesh Chandra Verma, for the informant, and learned Additional Public Prosecutor for the state. The petitioner seeks pre-arrest bail in connection with Bhore P.S. Case No. 205 of 2019 for the offences alleged under Sections 302, 404, 120B and 34 of the Indian Penal Code and 27 of the Arms Act.
The accusation is that on 13.06.2019, informant, Hari Narain Singh, and his younger brother, Ramashrai Singh, were present at petrol pump, in the meantime, Brij Kishore Singh, Vivek Singh, Raju Singh, Arun Kumar Mishra @ Pappu Mishra, Sanjay Mishra @ Bablu Mishra, Vinay Mishra and others came there and made indiscriminate firing in which Ramashrai Singh died. Further, allegation is that occurrence took place under the conspiracy of Raghvendra Singh, Prabhunath Singh (petitioner) and Awadhesh Gond It would appear from the first information report that
Patna High Court CR. MISC. No.53078 of 2019(2) dt.26-08-2019 2/2 informant has specifically stated the name of six other coaccused, who were involved in committing the murder of the brother of the informant. Petitioner, along with Raghvendra Singh and Awadhesh Gond have been made accused as conspirator without any specific reason. Similar situated coaccused, Awadhesh Gond, has already been granted the privilege of pre-arrest bail in Cr. Misc. No. 51127 of 2019 on 20.08.2019. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.
Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bhore P.S. Case No. 205 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T