Satish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48557 of 2014 Arising Out of PS.Case No. -231 Year- 2013 Thana -MAHARAJGANJ District- SIWAN ======================================================

1. Satish Kumar Singh, S/o Munindra Nath Singh, Resident of Village Sawan Bigrah, P.S. Daraunda, District Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-02-2015 Heard learned senior counsel Mr. Vindhya Keshari Kumar for the petitioner, learned A.P.P. for the State and learned counsel Mr. Bindhyachal Singh for the informant. The petitioner, namely, Satish Kumar Singh is in custody since 18.10.2014 in connection with Mahrajganj P.S. Case No.231 of 2013 under Sections 147, 148, 149 and 302 of the Indian Penal Code.

The learned senior counsel for the petitioner submitted that the co-accused persons, whose case was on same footing, have already been granted bail by this Court in Cr.Misc.No.49194 of 2013, Cr.Misc.No.2739 of 2014, Cr.Misc.No.16020 of 2014 and Cr.Misc.No.37655 of 2014. According to the learned counsel, the case of the petitioner is on same footing.

Patna High Court Cr.Misc. No.48557 of 2014 (2) dt.20-02-2015 On the other hand, the learned A.P.P. appearing on behalf of the State and the learned counsel for the informant vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner and the co-accused persons, who have been granted bail, suppressed the fact and, therefore, the D.M. and the S.P. have recommended for cancellation of bail of the coaccused persons. In such circumstances, the prayer for bail of the petitioner should be rejected. According to the learned counsel, the petitioner and the co-accused persons are threatening the informant and informant's witnesses, therefore, a criminal case has already been filed wherein the police after investigation found the allegation to be true.

On the basis of investigation, recommendation for cancellation of bail has been made. It is admitted fact that the co-accused persons, the case of whom is on same footing, have already been granted bail as stated above. Therefore, I direct that the petitioner named above be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Mahrajganj P.S. Case No.231 of 2013.