Vinod Singh @ Ram Vinod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10547 of 2017 Arising Out of PS.Case No. -209 Year- 2015 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Vinod Singh @ Ram Vinod Singh, Son of Late Kameshwar Singh @ Rameshwar Singh, Resident of Village- Kosara, P.S.- Shekhpura (Kusumgha O.P.), District- Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-03-2017 Heard both sides.

The petitioner apprehends his arrest in Sheikhpura (Kusumbha O.P) P.S. Case No. 209/2015, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant named the petitioner along with other accused persons and alleged that the petitioner and others came near her husband Ashok Ram. Rohan Singh and Guddu Singh fired causing firearm injury to her husband and her husband died on the spot.

Learned counsel for the petitioner submits that the petitioner is, of course, named in the FIR, but no specific

Patna High Court Cr.Misc. No.10547 of 2017 (2) dt.15-03-2017 2/2 allegation is made against the petitioner. The police after investigation submitted final form finding the case false against the petitioner, but the learned Chief Judicial Magistrate took cognizance against the petitioner and others. Similarly situated coaccused Bipin Singh and Shankar Singh have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 18583/2016 on 09.05.2016 by a co-ordinate bench of this Court. The case of the petitioner stands on the same footing.

Considering the facts aforesaid and the fact that there is no specific allegation against the petitioner and the case of the petitioner stands on the same footing as that of Bipin Singh and Shankar Singh, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura (Kusumbha O.P.) P.S. Case No. 209/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T