Patna High CourtCR. MISC./43919/2017bail granted

Awnish Singh @ Khushboo Singh v. The State Of Bihar

2017-09-21Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43919 of 2017 Arising Out of PS.Case No. -56 Year- 2017 Thana -BUDDHACOLONY District- PATNA ======================================================

1. Awnish Singh @ Khushboo Singh Son of Sri Dukhee Prasad , R/o Police Line, Gardanibagh, New Rajputana, P.S.- Gardanibagh, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State.

The petitioner seeks regular bail in connection with Budha Colony P.S. Case No. 56 of 2017 registered for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It has been submitted that the informant of this case is not an eye-witness to the occurrence. The allegation is that altogether seven F.I.R. named and some unknown persons intercepted the brother of the informant and started firing as a result of which he died. It has been further submitted that two F.I.R. named accused persons, namely, Uday Kumar @ Uday Rai and Randhir Yadav have been allowed bail on 28.07.2017

Patna High Court Cr.Misc. No.43919 of 2017 (2) dt.21-09-2017 2/2 and 19.08.2017 by two co-ordinate Benches of this Court in Criminal Miscellaneous Nos. 31134 of 2017 and 39698 of 2017. The case of this petitioner stands on similar footing and he also deserves to be enlarged on bail.

The learned APP for the State opposed the submission, but he concedes that the case of this petitioner stands on similar footing of co-accused.

Considering the facts and circumstance of the case and also the fact that the case of the petitioner stands on similar footing, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna in connection with Budha Colony P.S. Case No. 56 of 2017.

(Sanjay Kumar, J) ajay gupta/- U T