Kundan Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49492 of 2018 Arising Out of PS. Case No.-166 Year-2018 Thana- BIDUPUR District- Vaishali ======================================================
1. Kundan Singh S/o Rambabu Singh R/o village Gopalpur, P.S. Bidupur, District Vaishali
2. Rahul Kumar @ Rajan @ Ranjan S/o Binay Singh R/o Village Majlishpur, PS. Bidupur, Dist. Vaishali.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rina Sinha For the Opposite Party/s :
Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-10-2018 Heard learned counsel for the petitioners and the learned APP for the State.
The petitioners seek bail in Bidupur P. S. Case No 166/18 instituted for the offence under Section(s) 302, 120B of the Indian Penal Code and Section 27 of Arms Act. Learned counsel for the petitioners has submitted that informant is not an eye witness in this case. In the written report it is alleged that informant got information on telephone that his brother Jitan Rai and Tinku Mallik have been killed and their dead were lying in Banana field of Binod Singh. The informant has further alleged that on 27.5.2018 his brother told him that Kundan Singh, Rahul
Patna High Court Cr.Misc. No.49492 of 2018(3) dt.04-10-2018 2/3 Kumar, Arun Chaudhary had given threat to him of dire consequence as he used to give information to police as being a spy. It is alleged that on 1.6.2018 in conspiracy made by the Kundan Singh and Rahul Kumar @ Raja, Arun Chaudhary took his brothers Jitan Rai and Tinku Mallik behind banana filed of Binod Singh where Prabhat Kumar, Saleem Mian, Mokim Mian and Bharat Paswan were present from before. Seeing all the persons his brothers tried to escape by motorcycle but co -accused Arun Chaudhary shot fire on his brothers which hit in the belly of Jitan Rai on account of which he fell down. It is further alleged that Prabhat Kumar, Saleem Mian, Mokim Mian and Bharat Paswan have also made firing upon the brothers of the informant on account of which both sustained injury on temporal region and died at the spot.
Learned APP after looking into the case diary has submitted that in paragraph nos. 12 and 15 witnesses have merely raised suspicion against these petitioners. Petitioners are in custody since 3.6.2018 Considering the aforesaid, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Vaishali at Hajipur,
Patna High Court Cr.Misc. No.49492 of 2018(3) dt.04-10-2018 3/3 in connection with Bidupur P. S. Case No 166/18 subject to the condition that both the bailers shall be the close relative of the petitioners.
(Sanjay Priya, J) shyambihari/- U T