Rajeev Kumar Singh @ Rajeev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66674 of 2018 Arising Out of PS. Case No.-595 Year-2017 Thana- SITAMARHI District- Sitamarhi ====================================================== Rajeev Kumar Singh @ Rajeev Singh S/o Late Pramod Singh, Resident of Village-Choti Sinhabahini, P.S. Sonbarsha, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Advocate For the Opposite Party/s :

Mr. Smt. Anusuiya Jaiswal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sitamarhi (Mehsaul O.P.) P.S. Case No. 595 of 2017 registered for the offences punishable under Sections 302, 129 (B), 34 of the Indian Penal Code and under Section 27 of Arms Act. Informant in his fardbeyan has stated that on 01.08.2017 he got information that his son Abhishek Kumar Singh @ Vipul Singh has been shot dead by some miscreants while he was at his grocery shop. On getting information, he went there and saw that his son was lying dead on the road. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case merely on the basis of suspicion. The name of the petitioner has surfaced on the basis of confessional statement of co-accused Ravi Singh, who has been granted regular bail by the court below itself on the ground of juvenility. Except

Patna High Court Cr.Misc. No.66674 of 2018(4) dt.19-12-2018 2/2 confession there is nothing against the petitioner. Nobody had seen the occurrence and only on the basis of suspicion petitioner has been implicated in this case. There was civil dispute between the deceased and petitioner. Petitioner has no criminal antecedent and is in custody since 17.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi (Mehsaul .O.P.) P.S. Case No. 595 of 2017, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T