Jitendra Singh @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15582 of 2018 Arising Out of PS. Case No.-256 Year-2014 Thana- KOTWA District- East Champaran ====================================================== Jitendra Singh @ Jitendra Kumar, Son of Vinay Narayan Singh, Resident of Nawada, P.S.- Kotwa, District East Champaran, Motihari. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the State :

Mr. Smt. Anita Kumari (APP) For the Informant :

Mr. Ramchandra Sahni, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner, who is in custody, seeks bail in connection with Kotwa P.S. Case No. 256 of 2014 registered for the offence punishable under Sections 341, 109, 302/34 of the Indian penal Code Informant is the son of deceased, who, has stated that while he was returning back, he saw his mother crying and found that his father has been killed by accused persons as conveyed by his mother. The allegation in FIR is of general and omnibus nature against all the accused including the petitioner.

Patna High Court Cr.Misc. No.15582 of 2018(3) dt.06-04-2018 2/3 However, during investigation the witnesses have specifically named Munna Singh who fired upon deceased causing his death. In para 6 of the case diary the statement of deceased's wife has been recorded and who is an eye witness did not named petitioner as assailants of his father. In paragraph No. 7 the son of the informant has also not named petitioner as assailants of his father and since there is specific allegation of firing by Munna Singh on deceased and he also received only one bullet injury which was the cause of his death. It has been submitted that similarly situated coaccused persons, namely, Babloo Singh and Vinay Narayan Singh Budhai Sahani have already been granted bail as contained in Annexure-2 series of petition and petitioner is in custody since 04.01.2018.

Learned counsel for the informant has vehementally opposed the prayer for bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Motihari, in

Patna High Court Cr.Misc. No.15582 of 2018(3) dt.06-04-2018 3/3 connection with Kotwa P.S. Case No. 256 of 2014. (S. Kumar, J) veena/- U T