Abhay Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39743 of 2016 Arising Out of PS.Case No. -508 Year- 2015 Thana -MANER District- PATNA ======================================================

1. Abhay Kumar Singh Son of Late Laxmi Narayan Singh

2. Ravi Kumar

3. Tuntun Kumar Both sons of Abhay Kumar Singh All are resident of village - Jiurakhan Tola, Biyapur, P.S. Maner, District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s: Mr. Akbar Ali Mr. Jagdish Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-11-2016 Heard both sides.

The petitioners seek bail in Maner P.S. case No. 508 of 2015 under Section 302 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant, Pramod Rai, named altogether 29 persons and alleged that on the order of Abhay Kumar Singh, petitioner No.1, Raju, Babloo and Ajay opened fire in which Manager Rai was killed and about 17 persons were injured. It is submitted that there is no specific allegation of assault against Ravi Kumar and Tuntun Kumar, petitioners No.2 and 3. Petitioner No.1 is order giver but the allegation is made

Patna High Court Cr.Misc. No.39743 of 2016 (3) dt.29-11-2016 2/2 only to implicate petitioner No.1. Similarly situated other accused persons have already been granted bail.

On the other hand, Sri Jagadish Prasad, the learned counsel for the informant, and the learned Additional Public Prosecutor, with full force at their command, opposed the prayer for bail but it appears that petitioner No.1 is order giver and there is no allegation against petitioners No.2 and 3. Similarly situated accused persons, namely, Vinay Kumar, Vicky Kumar and Mritunjay Kumar have already been granted bail. Although petitioner No.1, Abhay Kumar Singh, is order giver but he in jail since 17.06.2016.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioners are 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 learned Judicial Magistrate, 1st class, Danapur, Patna in Maner P.S. Case No. 508 of 2015. (Prabhat Kumar Jha, J) BKS/- U T