Awanish Singh @ Abhinit Singh @ Awanit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2620 of 2018 Arising Out of PS.Case No. -316 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Awanish Singh @ Abhinit Singh @ Awanit Singh, Son of Ashok Singh, Resident of Village- Lal Parsa, P.S.-Sugauli, District-East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Sri Dilip Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341,326, 307, 120B of the Indian Penal Code and 27 of Arms Act.

One Rishi Singh gave his fardbeyan on 04.05.2017, alleging therein that on the same day at about 6.00 A.M. alongwith his neighbour Jitendra Thakur, he had gone near Gayatri Mandir. Four persons came on two motorcycles. They fired causing injury to the informant as well as to Jitendra Thakur. The FIR was lodged against unknown, as the miscreants were hiding their face.

On 17.06.2017, statement of injured Jitendra Thakur was recorded under Section 161 Cr.P.C. wherein he

Patna High Court Cr.Misc. No.2620 of 2018 (2) dt.15-01-2018 disclosed the name of the petitioner and others who had fired on him.

Learned counsel for the informant opposed the prayer for bail.

Considering the belated statement of Jitendra Thakur, the benefit of doubt at least for the purpose of bail must go to the petitioner.

Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Town Police Station Case No.316 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T