Rajiv Kumar @ Rajiv Kumar Singh @ Pullu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72341 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAJIV KUMAR @ RAJIV KUMAR SINGH @ PULLU SINGH S/o Amrendra Singh R/o Rekhopur, P.S. - Baris Nagar, District - Samastipur (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binoy Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-06-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has preferred this application for grant of regular bail in connection with a case registered under sections 302 and 120B of the Indian Penal Code, section 27 of the Arms Act and section 52 of the Prisons Act.
As per the prosecution case, the accused Raja Babu is stated to have fired with a pistol killing Manish Kuamr @ Netaji, an under trial prisoner. The said Raja Babu confessed his crime and further stated that for the said occurrence accused Annu Singh @ Rahul Singh had provided him with a pistol and promised to pay a sum of Rs. 10 lacs.
It is submitted by learned counsel appearing for the petitioner that the petitioner has been falsely implicated in the case. He is not named in the FIR. Referring to the order of the
Patna High Court CR. MISC. No.72341 of 2021(2) dt.07-06-2022 2/2 learned trial Court rejecting the prayer for bail it is submitted that the name of the petitioner transpired in the confessional statement of co-accused Raj Kumar. Even as per the said confessional statement no over act has been alleged against this petitioner who is in custody in the instant case since 28.8.2020. Charge sheet has been submitted in the case. Co-accused Shivam Kumar has been enlarged on bail vide order dated 21.10.2021 passed in Cr. Misc. no. 20566 of 2021. Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegations against the petitioner, grant of bail to the co-accused and the petitioner having remained in custody for 1 year 7 months, the Court directs the petitioner to be enlarged on bail in connection with Hajipur Sadar P.S. Case no. 4 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Vaishali at Hajipur.
(Partha Sarthy, J) Prakash/- U