Raghunath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79770 of 2019 Arising Out of PS. Case No.-252 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== Raghunath Singh, Son of Sri Shankar Singh Resident of Village - Bakwan, P.S.- Bhadaur, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Advocate Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-06-2020 Heard Mr. Ajay Thakur, learned Advocate for the petitioner and Mr. Ram Sevak Choudhary, learned APP for the State.

The petitioner seeks bail in connection with Warsaliganj P.S. Case No. 252 of 2018 dated 22.07.2018 instituted for the offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

According to the prosecution version, the younger brother of the informant viz. Vivek Singh @ Vivekanand Kumar was surrounded by the accused persons and was also assaulted and fired at by many of the accused persons who have been named in the FIR. The petitioner's name does not appear in the FIR and his name has transpired on the basis of

Patna High Court CR. MISC. No.79770 of 2019(4) dt.04-06-2020 2/2 confession of one Guddu Kumar. Apart from this, no motive has been attributed to the petitioner for committing the crime or for associating himself with the other named accused persons.

However, from the investigation reports, it appears that the entire occurrence was stage managed and master-minded by the petitioner. With respect to the aforesaid accusation, there is no cogent material in the case diary.

Though the petitioner is an accused of nine cases, but according to the averments made in paragraph-3 of the bail petition, in most of the cases, the petitioner is either on bail or has been acquitted. Considering the aforenoted aspects of the matter and taking into account the period of custody of the petitioner which is from 26.06.2019, he is directed to be released on bail on his furnishing bail bonds 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-I, Nawada in connection with Warsaliganj P.S. Case No. 252 of 2018. (Ashutosh Kumar, J) krishna/- U T