Rajo Singh @ Rajesh Singh @ Rajeeb Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69056 of 2022 Arising Out of PS. Case No.-315 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAJO SINGH @ RAJESH SINGH @ RAJEEB SINGH Son of Late Kesho Singh @ Kesho Singh @ Kiso Singh R/V- Hanumangadhi, ward no. 45, P.SMuffasil, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-01-2023 Heard the parties.

Petitioner has renewed his prayer for regular bail in connection with Muffasil PS Case No. 315 of 2020 registered under Section 341, 323, 324, 307, 379, 34 of the I.P.C. and Section 27 of the Arms Act, later on Section 302 of the I.P.C. added.

This is second attempt for bail on behalf of the petitioner inasmuch as earlier bail application of the petitioner vide Cr. Misc. No. 31919 of 2021 was dismissed as withdrawn by order dated 29.03.2022 with liberty to the petitioner to renew his prayer for bail after six months.

Mr. Y.C. Verma, learned senior counsel for the

Patna High Court CR. MISC. No.69056 of 2022(3) dt.11-01-2023 2/3 petitioner submits that as per the First Information Report the petitioner instigated his son to fire upon the deceased and upon such instigation the son of the petitioner namely, Ghutar Singh fired upon the deceased- Golu Kumar (informant's son), due to which he died. In other words, the petitioner at best is an order giver.

On the other hand, learned counsel for the informant oppose the prayer for bail and submits that petitioner is in custody since 10th February, 2021 but charges have not yet been framed against the petitioner.

This court vide its order dated 07.12.2022 had called for a report from the trial court regarding the present stage of the trial and pursuant thereto learned J.M. -Ist Class, Begusarai submitted her report vide letter no. 215 / 2022 stating therein that the case has been committed to the court of sessions on 16.12.2022.

Having heard learned counsel for the parties, taking into consideration the fact that petitioner is in custody since 10.02.2021 and this is 2nd attempt for bail on behalf of the petitioner, accordingly, I am inclined to grant regular bail to the petitioner after framing of charge.

Let the petitioner, above named, be released on

Patna High Court CR. MISC. No.69056 of 2022(3) dt.11-01-2023 3/3 regular bail after framing of charge on furnishing bail bond of Rs. 20000 /- ( twenty thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Begusarai / concerned court in connection with Muffasil P.S. Case No. 315 of 2020.

Learned trial court is directed to take steps for framing of charge as early as possible preferably within a period of one month if charge has not yet been framed. (Anil Kumar Sinha, J) praful/- U T