Karelal Singh @ Kari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51412 of 2016 Arising Out of PS.Case No. -143 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== KARELAL SINGH @ KARI SINGH, son of Bhaso Singh, Resident of Village- Paspura, P.S.- Muffasil, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 25.02.2016 in connection with Begusarai Muffasil P.S. Case No. 143/15 for offences punishable under Sections 307, 324/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he along with two others went to the shop of the petitioner to drink liquor where some dispute occurred between them. All the accused persons took out their pistol and fired hitting the informant on his right arm-pit.

It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in

Patna High Court Cr.Misc. No.51412 of 2016 (2) dt.01-12-2016 2/3 the aforesaid case. He submits that general and omnibus allegation has been levelled against him and the injury sustained by the informant cannot be attributable to the petitioner, as there was only one bullet injury. He further submits that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, considering the rival submissions and the materials available does not reveal that the petitioner's liberty on bail would adversely affect his trial, let petitioner, above named, be enlarged on bail on 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, Begusarai in connection with Begusarai Muffasil P.S. Case No. 143/15.

This direction of bail is further subject to the condition that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and

Patna High Court Cr.Misc. No.51412 of 2016 (2) dt.01-12-2016 3/3 shall appear before the learned Court below as and when directed. With these observations and directions, the application stands allowed.

(Nilu Agrawal, J.) Rajesh/- U T