Raj Kishore Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.11995 of 2017 (2) dt.27-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11995 of 2017 Arising Out of PS.Case No. -178 Year- 2016 Thana -MAJHAHGARH District- GOPALGANJ ====================================================== Raj Kishore Singh Son of Late Ram Ratan Singh, Resident of VillageBhojpurwa, P.S. Manjhagarh, District- Gopalganj..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vikas Ratan Bharti For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Manjhagarh P.S. Case No. 178 of 2016 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioner caught hold Munna Singh, the uncle of the informant, and Shakti Singh shot the uncle of the informant in his head, after hearing the sound of firing other persons also ran and then, Shakti Singh fled away with Appache motorcycle along with two unknown whereas the petitioner fled away towards village. Munna Singh, the uncle of the informant was found dead.

Submission is of false implication and that the petitioner is not the assailant, the only allegation is that he caught hold the

Patna High Court Cr.Misc. No.11995 of 2017 (2) dt.27-03-2017 deceased and he is suffering in custody since 21.12.2016. Shakti Singh is already in custody.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that the petitioner is not the assailant, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 178 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T