Hari Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25399 of 2016 Arising Out of PS.Case No. -55 Year- 2009 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Hari Shankar Singh son of Achaibar Singh @ Chhaibar Singh, Resident of Village- Isiyan, P.S.- Chainpur, District- Kaimur (Bhabua). .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 302 of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioner is that due to previous dispute he along with other accused persons came at a marriage ceremony of the informant and fired at one Naumi Singh, who died instantly.

It has been submitted on behalf of the petitioner that he is in custody since 2.5.2016. Chargesheet has been submitted against the petitioner. Petitioner has got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioner. General and omnibus allegation has been made against the petitioner. He is aged 66 years. After investigation police has submitted final form against the petitioner vide Annexure-7. A petition has been filed by the informant stating that the case was instituted due to mistake of fact.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.25399 of 2016 (4) dt.09-08-2016 2/2 above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist class, Kaimur (Bhabua) in connection with Chainpur P.S. Case no. 55 of 2009.

(Sudhir Singh, J) sudip/- U T