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Patna High CourtCR. MISC./34572/2014bail granted

Jitendra Kumar Singh @ Rajiv Ranjan @ Rajiv Ranjan Kumar @ Jitendra Kumar v. The State Of Bihar

2015-01-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34572 of 2014 Arising Out of PS.Case No. -102 Year- 1996 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Jitendra Kumar Singh @ Rajiv Ranjan @ Rajiv Ranjan Kumar @ Jitendra Kumar, S/o Sri Pramod Singh, Resident of Village Iniyar, Police Station Begusarai Muffasil in the District of Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anita Kumari Singh, Advocate For the Opposite Party/s : Mr. S.M.Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2015 Heard both sides.

The petitioner seeks regular bail in Sessions Trial No. 705A of 2009 arising out of Begusarai P.S. Case No. 102 of 1996, registered for the offences punishable under Section 302 and other allied Sections of the Indian Penal Code. Ram Padarath Singh, Pramod Singh, Daya Nand Singh, Manoj Singh and the petitioner Jitendra Singh are named in the First Information Report.

The informant Bindu Devi alleged that he heard a sound of firing and saw that all the five accused persons were holding the bed of Ram Swaroop Singh.

Learned counsel for the petitioner submits that the case was investigated by the C.I.D. and arresting of the petitioner

Patna High Court Cr.Misc. No.34572 of 2014 (3) dt.15-01-2015 was stayed in the year 1996 itself. All the accused persons have already been enlarged on bail vide order passed in Cr. Misc. No. 45501 of 2007, Cr. Misc. No. 13978 of 1996, Cr. Misc. No. 21049 of 2009, and Cr. Misc. No. 26138 of 2009. The case of the petitioner stands on the same footing and petitioner is in jail since 01.07.2014. Petitioner has got no criminal antecedent. He is Constable in Boarder Security Force.

Considering the facts aforesaid and the fact that same and similar allegation is made against all the accused persons, the informant saw them surrounding around Ram Swaroop Singh but the informant did not see who fired at Ram Swaroop Singh, the petitioner, above named, is directed to 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 the learned Sessions Judge-IV, Begusarai in connection with Sessions Trial No. 705A of 2009 arising out of Begusarai P.S. Case No. 102 of 1996.

Kundan/- (Prabhat Kumar Jha, J) U T