Bittu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61981 of 2018 Arising Out of P.S.Case No. -22 Year- 2015 Thana -KHAJANCHI HAT District- PURNIA ======================================================

1. Bittu Singh son of Late Pankaj Singh, resident of Village- Sarsi, P.S. Sarsi, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with K. Hat (Madhubani) P.S.Case No. 22 of 2015, registered for offences punishable under Sections 341, 323, 324, 326, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation as per F.I.R. is that the informant received gun shot injury from one miscreants, when he was returning on his motorcycle along with one Ashu, which hit his back and he failed down, again he was fired aiming his head but the said misfired and then he assaulted with butt of pistol, causing injury to him and his companion and one villager received firearm injury, thereafter, he was brought to the Sadar Hospital, Purnea where his treatment was going on.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and

Patna High Court Cr.Misc. No.61981 of 2018 (2) dt.11-10-2018 2/2 the petitioner is not named in the F.I.R. and the name of the petitioner transpires on the confessional statement of co-accused, Lalo @ Lalu Paswan and the similarly situated co-accused persons have already been enlarged on bail by Co-ordinate Benches of this Court vide orders dated 22.04.2016 passed in Cr. Misc. No. 16120 of 2016 and vide order dated 04.05.2016 passed in Cr. Misc. No. 17811 of 2016. It is further submitted that the petitioner is in custody since 05.06. 2018.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Madhubni) P. S. Case No. 22 of 2015 with condition that one of the bailors of the petitioner shall be a family member having sufficient immovable property within the jurisdiction of the concerned Court.

(Vinod Kumar Sinha, J) Sudha/- U T