Jitendra Singh @ Loha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24805 of 2015 Arising Out of PS.Case No. -88 Year- 2014 Thana -DHANSOI District- BUXAR ======================================================

1. Jitendra Singh @ Loha Singh Son of Late Basudeo Singh resident of village - Samahuta, P.S. Dhansoi, District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Mr. R.P.S Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-07-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. It is alleged that four persons (three named and one unknown) came on motorcycle and on the order of coaccused Awadhesh Singh, co-accused Tunna Singh fired with country made pistol on the chest of Surendra Singh and when the informant and others tried to catch the accused then accused Dhiraj Singh again fired on the head of the victim, who died on the spot. The motive for occurrence is some scuffle between the co-accused Surendra Singh and Tunna Sing.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.24805 of 2015 (2) dt.08-07-2015 petitioner that accusation of firing is not against the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Awadhesh Singh, the order giver has been granted anticipatory bail vide Cr. Misc. No. 47213 of 2014 on the ground of alibi of his being present in the college on the alleged date of occurrence.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Buxar in connection with Dhansoi P.S. Case No. 88 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit to the effect that he will cooperate during investigation. The said affidavit will be transmitted to the concerned I.O. The non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bond of the petitioner.

(Dinesh Kumar Singh, J) P.K./- U T