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Patna High CourtCR. MISC./15628/2018bail granted

Pankaj Singh v. The State Of Bihar

2018-04-05Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15628 of 2018 Arising Out of PS.Case No. -311 Year- 2016 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Pankaj Singh, Son of Tuntun Singh, Resident of Village- Hario, P.S.- Bihpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-04-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Bihpur P.S. Case No. 311/2016 dated 12.09.2016 instituted for the offences under Sections 302, 120(B)/34, 216 of the Indian Penal Code and Section 27 of the Arms Act.

The husband of the informant was shot dead near a temple for which the informant in her F.I.R. raised suspicion against Ex-Mukhiya, viz. Surendra Singh @ Langra. During the course of investigation, the daughter of the deceased named the petitioner and another, viz. Santosh Kumar Singh @ Santosh Singh.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.15628 of 2018 (2) dt.05-04-2018 2/2 but for vague suspicion, there is no other material against the petitioner to justify his prosecution in the present case. It has further been submitted that one of the co-accused persons referred to above, whose name also has been taken by the daughter of the deceased during the course of investigation, has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 22.11.2017 passed in Cr.Misc. No. 55540/2017. The petitioner does not have any criminal antecedent. Regard being had to the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bond in the sum of Rs.

10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with Bihpur P.S. Case No. 311/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T