Bittu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6594 of 2016 Arising Out of PS.Case No. -2 Year- 2015 Thana -MARANCHI District- PATNA ======================================================

1. Bittu Singh Son of Late Pashupati Singh Resident of village - Maranchi, Tinbhaiya Tola, P.S. Maranchi, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Arun Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2016 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Maranchi P.S. Case No. 02 of 2015 registered for the offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, Raushan, the son of the informant was shot and he was lying in injured condition and thereafter, he was brought for treatment. Accordingly, First Information Report was registered against unknown. During investigation, the injured was examined on 02.02.2015 wherein he has suspected the hand of the petitioner and others in the crime and later on, again the injured was examined on 27.09.2015 wherein he has specifically stated that the petitioner has shot him with an

Patna High Court Cr.Misc. No.6594 of 2016 (3) dt.08-04-2016 2/2 intention to kill.

Submission is of false implication and that subsequent development made during investigation appears not reliable and probable, the petitioner is in custody since 03.12.2015, due to previous enmity later on, the petitioner has been implicated, and as such, deserves sympathetic consideration, to which the learned APP duly assisted by the learned counsel for the informant opposes the prayer of bail. In the facts and circumstances stated above, considering the detention of the petitioner, now, he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Maranchi P.S. Case No.

02 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) ajaypd./- U T