Raj Kumar Singh @ Raj Kumar @ Rajan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54072 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- MUSRIGHRARI District- Samastipur ====================================================== Raj Kumar Singh @ Raj Kumar @ Rajan Singh, aged about 22 years, Male, Son of Umesh Singh, Resident of Village - Fatehpur Bala, P.S.- Musrigharari, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-09-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier, the bail application of the petitioner was rejected vide Annexure-1.

Informant is the father of victim who in his written complaint addressed to Officer-in-charge, police station has alleged that on 21.07.2018. his son Anand Bharti had left the house to visit the house of his Fuaha but on his way, his friend Raj Kumar Singh, petitioner called him on his mobile to come to his house and he went to his house where F.I.R. named accused had assembled and it is alleged that all of them killed

Patna High Court CR. MISC. No.54072 of 2019(3) dt.25-09-2019 2/3 his son by firing.

It has been submitted on behalf of the petitioner that informant is not an eye-witness and there is general and omnibus allegation against all the ten accused named in the FIR. The allegation is based on suspicion. Petitioner has got no criminal antecedent and is in custody since 23.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with S. Tr. No.609/2018 / 344/2018 arising out of Musrigharari P.S. Case No. 101 of 2018 with following 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 the Court and his absence on two consecutive dates without sufficient reason, 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,

Patna High Court CR. MISC. No.54072 of 2019(3) dt.25-09-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T