Buchi Singh @ Pradeep Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63732 of 2024 Arising Out of PS. Case No.-440 Year-2020 Thana- AMARPUR District- Banka ====================================================== Buchi Singh @ Pradeep Kumar Singh Son of Late Mahendra Singh Resident Of Village -Teliya, Ps- Fullidumar, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Amarpur P.S. Case No. 440 of 2020, registered for the offences punishable under Sections 302, 379, 34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per allegation, it is stated by the informant that he received information on 02.08.2020 at 5.30 AM that his son had been shot and blood was oozing out of his neck. It is further stated that on enquiry from his son, his son disclosed the name of eight accused persons including the petitioner that they called him to their house and thereafter they shot him in his vehicle and took away the mobile phone and Rs. 20,000/- It is further stated that he took his son to the Bhagalpur hospital, wherefrom he was referred to and ultimately his son died in course of treatment at Patna.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.63732 of 2024(2) dt.20-09-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the allegation against the petitioner is general and omnibus in nature. His further submission is that on exactly similar footing, co-accused Pritam Singh @ Pritam Kumar Singh has been granted bail by this Court in Cr. Misc. No. 60524 of 2024.

5. Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M, Banka in connection with Amarpur P.S. Case No. 440 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Nirmal/- U T