Shiv Chandra Singh @ Guddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49611 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== SHIV CHANDRA SINGH @ GUDDU SINGH Son of Late Kailash Singh Resident of Village- Athari, P.S.- Runnisaidpur, District- Sitamarhi. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr.Vikramdeo Singh, Advocate.

Mr. Pushpendra Kumar Singh, Advocate.

For the State :

Mr. Pawan Kumar Chaurasia, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.

The petitioner apprehends his arrest in connection with Runnisaidpur P.S. Case No.110 of 2019 registered under Sections 302 and 120(B)/34 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that the informant Sushil Singh along with his son Nitish Kumar went at the shop of Arun Sah. In the meantime, Dukhharan Singh and Guddu Singh (petitioner), who were present there from before, ordered to kill and on their order, Dhiraj Kumar, Nitish Kumar, son of Dukhharan Prasad Singh, Shivam Kumar alias Kallu and

Patna High Court CR. MISC. No.49611 of 2019(2) dt.08-08-2019 2/3 Govind Chaudhary started indiscriminate firing, due to which Nitish Kumar, the son of the informant, sustained firearm injury and died on the spot.

Learned counsel for the petitioner submits that, in fact, the deceased Nitish Kumar had taken the house of the brother of the petitioner on rent and in spite of much request to vacate the house, the deceased Nitish Kumar was not ready. Due to that reason, the petitioner has been implicated in this case by the informant for committing the murder of the deceased Nitish Kumar. It has been submitted by the learned counsel for the petitioner at the Bar that while the petitioner is accused in four other cases, as detailed in paragraph-3 to this application, but in all those cases, the petitioner is on bail and similarly situated coaccused Dhukhharan Singh alias Dukharan Prasad Singh has already been allowed the privilege of pre-arrest bail by a Bench of this Court vide order dated 28.06.2019 passed in Criminal Misc. No.38549 of 2019.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.49611 of 2019(2) dt.08-08-2019 3/3 each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Runnisaidpur P.S. Case No.110 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T