Kunal Kumar Singh @ Riki Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33385 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -DERNI District- SARAN ====================================================== Kunal Kumar Singh @ Riki Singh, S/o Ashok Singh, R/o Vill.- Magaidih, P.S.- Chapra Muffasil, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Dewendra Narayan Singh, Advocate For the S t a t e : Mr. Sunil Kumar Pandey, APP For the Informant : Mr. Vijay Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State as well as the learned counsel appearing for the informant.

The petitioner is in custody since 29.03.2018 in connection with Derni P.S. Case No.47 of 2018 registered for the offence under Sections 341, 342, 323, 307, 120B of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the main allegation is against other person and not the present petitioner. The firing is said to have been made by Anup Singh and Kamlesh Singh and the petitioner has been falsely implicated in this case only because he had gone with him for watching "Chaita".

Patna High Court Cr.Misc. No.33385 of 2018 (6) dt.20-08-2018 2/2 Diary in the present case was called for, which has since been received.

Learned counsel for the State submits that though there was injury on the person of the victim, the victim himself in paragraph 47 of the diary has not named the present petitioner to have participated in the occurrence and has merely stated that he had gone with him.

Considering the aforementioned facts and circumstances and that the petitioner has got no criminal antecedents and no particular role has been attributed to him, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Saran at Chapra, in connection with Derni P.S. Case No.47 of 2018. (Anjana Mishra, J) PNM U T