Fantus Singh @ Fantus Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58322 of 2024 Arising Out of PS. Case No.-415 Year-2017 Thana- LAKHISARAI District- Lakhisarai ====================================================== Fantus Singh @ Fantus Kumar S/O Late Ashis Singh @ Buddha Singh R/O Village- Sharma, P.S- Lakhisarai, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Lakhisarai P.S. Case No. 415 of 2017 registered for the offence punishable under Sections-302/120(B) of the Indian Penal Code and 27 of the Arms Act.

3. As per allegation, the informant along with his son namely Gunjan Singh had gone to visit his field and in course of returning from the field in the way, the petitioner and co-accused Raman Kumar and Manish Kumar apprehended him. Further allegation is that Raman Kumar, Manish Kumar and the petitioner fired at the son of the informant who died at the spot itself and one Ram Kumar, accompanying the deceased is said to have fled away from the scene of occurrence.

4. Mr. Yogesh Chandra Verma, learned Sr. counsel appearing for the petitioner has submitted that on identical allegation, co-accused Raman Kumar and Manish Kumar have

Patna High Court CR. MISC. No.58322 of 2024(2) dt.27-08-2024 2/2 been acquitted by the court of learned Additional Sessions JudgeII, Lakhisarai in S.Tr. No. 123 of 2018 vide judgment and order dated 31-08-2019. It has further been submitted that final form was submitted against the petitioner.

5. Learned counsel appearing for the State has opposed the prayer for bail.

5. Considering the aforesaid facts and circumstances, specially the fact that other two co-accused persons on similar footing have been acquitted by the learned court below, let 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 Md. Fahad Hussain, learned Judicial Magistrate-Ist Class, Lakhisarai in connection with Lakhisarai P.S. Case No. 415 of 2017 subject to the condition that the petitioner will appear in the court below on each and every date fixed in the case and if, he fails to do so on two consecutive dates unless he is prevented by extremely adverse circumstances, the learned court below shall be at liberty to cancel the bail bonds of the petitioner.

(Nawneet Kumar Pandey, J) A.K.V.//- U T