Rameshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53128 of 2018 Arising Out of PS. Case No.-210 Year-2018 Thana- SAMASTIPUR MUFFASIL District- Samastipur ========================================== Rameshwar Singh, Son of Late Rachho Singh, resident of VillageBaghi, P.S.- Mufassil, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babita Kumari, Adv For the Opposite Party/s :

Mr. Sri Dilip Kumar, APP ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-10-2018 The petitioner seeks bail in anticipation of his arrest in connection with Samastipur Mufassil P.S. Case No. 210 of 2018 dated 17.04.2018 instituted for the offences under Sections 302/34 of the Indian Penal Code. The informant who is son of the deceased has alleged that while his father was coming back home after taking tea, he was shot dead by accused persons including the petitioner. The cause of occurrence as stated in the F.I.R is old land dispute with all the named accused persons. The learned counsel for the petitioner has submitted that the informant is not an eye witness to the

Patna High Court Cr.Misc. No.53128 of 2018(3) dt.29-10-2018 2/3 occurrence. During the course of investigation, some of the witnesses have only stated about the deceased being in dispute with some of the villagers. Nobody has claimed to have witnessed the occurrence. The learned counsel has further submitted that the deceased was having litigation with several persons and therefore, it cannot be known as to who targated him. So far as the petitioner is concerned, it has been submitted that he is seventy years old and only because of some old land dispute with the deceased, the son of the deceased has chosen to name him in the F.I.R. The petitioner was earlier made accused in two cases, one being a complaint case for minor offences.

Considering the aforesaid facts, the petitioner, above named is directed to be released on bail in the event of his arrest or surrender before the learned Court below within a period of four weeks from today and on his furnishing bail bond of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Samastipur in connection with Samastipur Mufassil P.S. Case No.

Patna High Court Cr.Misc. No.53128 of 2018(3) dt.29-10-2018 3/3 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T