Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23703 of 2016 Arising Out of PS.Case No. -432 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Ashok Singh Son of Bhola Singh, resident of Village Paspura, P.S. Muffasil, District Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 26.11.2015 in connection with Begusarai Muffasil P.S. case No.432 of 2015 for the offences instituted under Sections 326 and 307/34 of the I.P.C.

The prosecution story, in brief, is that on the alleged date and time of occurrence, the informant was coming to his house from furniture shop of one Jitendra Kumar and when he reached between Chandika Asthan and Bajrangbali temple then the accused persons including the petitioner started following him and they fired upon him with an intention to kill him, which hit his left panjara and finger of right hand. Then he fell down. Hearing sound of firing, his wife and several persons came there and the informant was brought to the Hospital, where he was

Patna High Court Cr.Misc. No.23703 of 2016 (4) dt.24-08-2016 2/2 treated.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.11.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. There is admitted land dispute between the parties. For the said reason he has falsely been made an accused in the present case. It is further submitted that the petitioner may be released on bail after completion of one year in custody from 26.11.2015. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. and he is one of the persons, who assaulted the informant.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail after completion of one year in custody since 26.11.2015 on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. case No.432 of 2015.

(Sudhir Singh, J) Narendra/- U T