Basant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51564 of 2019 Arising Out of PS. Case No.-88 Year-2018 Thana- AANDAR District- Siwan ====================================================== BASANT KUMAR SINGH, Male, aged about 25 years, Son of Parmendra Singh, Resident of Village - Deopur, P.S.- Raghunathpur, Dist.- Siwan. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Raghav Prasad, Advocate.

For the Opposite Party :

Mr.Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 07.03.2019 in a case for the offence registered under Sections 395 and 397 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that on 17.05.2018 at about 11.00 P.M. in the night, the informant was sleeping in his field, in the meantime, 8-10 unknown thieves armed with weapons and Khanti came near him and asked his caste and enquired about the house of his Pattidar. They said him that they will commit dacoity in the house of his Pattidar. The informant went to his house and climbed on the roof. Thereafter, the

Patna High Court CR. MISC. No.51564 of 2019(2) dt.19-08-2019 2/3 accused persons entered into the house after breaking the door and took ornaments, clothes and other articles. On hulla, villagers came. In the meantime, criminals started firing, as a result of which, villagers Mannu Singh, Mahatama Singh, Guddu Ram, Dhoda Manjhi and Gopal Ram sustained firearm injuries and fell down. Thereafter, they fled away from the place of occurrence.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case after nine months of the occurrence during investigation. The petitioner has not been put on T.I. Parade.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-

Patna High Court CR. MISC. No.51564 of 2019(2) dt.19-08-2019 3/3 IX, Siwan, in connection with Ander (M.H. Nagar) P.S. Case No. 88 of 2018.

(Sudhir Singh, J) U.K./- U T