Shaktiman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63461 of 2019 Arising Out of PS. Case No.-39 Year-2018 Thana- MORKAHI District- Khagaria ====================================================== Shaktiman Singh, aged about 31 years, male, S/o Kailash Singh, Resident of Village- Mansi Tola Mathurapur, P.S.- Khagaria, District- Khagaria (Bihar). ... ... Petitioner/s

Versus

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

For the petitioner/s : Mr. Anshul, Adv. For the Opposite Party/s :

Mr. Satyavrat Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner seeks regular bail in connection with Morkahi P.S. Case No. 39 of 2018 registered under sections 448, 341, 323, 325, 504, 506, 307, 120(B)/34 IPC and Section 27 of Arms Act.

The allegation against the petitioner, as per the first information report, is that the petitioner along with other accused person entered into the ware house of the Aman Aditya Enterprises Limited Company, which deals in the food grains and one of the accused persons assaulted one trader namely Ranjeet Sah, who was staying in the godown ware house. Mr. Anshul, learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated

Patna High Court CR. MISC. No.63461 of 2019(3) dt.26-11-2019 2/3 in this case on the basis of his identification through CCTV. Learned counsel further sumibts that from perusal of the first information report it would be evident that out of three persons only one person who was covering his face with cloth had entered into the ware house and assaulted one of the person staying in the ware house with the butt of the rifle. Learned counsel further submits that no fire arms injury has been sustained by anybody. Learned counsel aslo submits that similarly situated accused person Ajay Kumar Singh who was also identified from CCTV has been granted bail by this Court in Criminal Miscellaneous No. 55935 of 2019. Learned counsel further submits that the petitioner is in custody since 25.07.2019.

After having heard learned counsel for the parties and taking into consideration the fact that similarly situated accused person has been granted bail by this Court and the petitioner is in custody since 25.07.2019, therefore, I am inclined to grant regular bail to the petitioner.

Accordingly, the petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Khagaria in connection

Patna High Court CR. MISC. No.63461 of 2019(3) dt.26-11-2019 3/3 with Morkahi P.S. Case No. 39 of 2018.

(Anil Kumar Sinha, J) Anjula/- U