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Patna High CourtCR. MISC./3877/2016bail granted

Braj Kishore Singh @ Brij Kishore Singh v. The State Of Bihar

2016-02-11Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3877 of 2016 Arising Out of PS.Case No. -140 Year- 2009 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Braj Kishore Singh @ Brij Kishore Singh Son of Late Nand Lal Singh, Resident of Village - Paharpur Ahlad, P.S. - Sahebganj, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. Nirmal Kr. Sinha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody since 30.11.2015 in connection with Sahebganj P.S. Case No. 140 of 2009, registered offences punishable under Sections 364 and 120B of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner submits that though the petitioner is not named in the F.I.R. but subsequently on the basis statement of one Daroga Singh made before the Police, it has come on record that this petitioner had some altercation with one Sanjay Tiwari over the cutting of tree from the Diyara. It is further submitted that save and except the presumption that such an event could have led to the enmity between the petitioner and said

Patna High Court Cr.Misc. No.3877 of 2016 (2) dt.11-02-2016 2/2 Sanjay Tiwari, there is no further cogent material to connect the petitioner with the present occurrence. It is further submitted that only on account of rivalry between two groups of PACS, the petitioner, who is the Chairman of PACS, has been made accused in the present case.

Considering the aforementioned facts and circumstances, and that the petitioner is only remotely connected with the occurrence and there is no eye witness to the said occurrence, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, West, Muzaffarpur in connection with Sahebganj P.S. Case No. 140 of 2009.

(Anjana Mishra, J) sunil/- U T