Prince Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72726 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== PRINCE SINGH Son of Late Lalan Singh Resident of Village - Bindwara, P.S. - Kasim Bazar, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2019 Heard both sides.

The petitioner seeks bail in Kasim Bazar P.S. Case No.169 of 2019 registered under Sections 307 and 34 of the Indian Penal Code.

The informant alleged that the petitioner asked him how he had courage to demand the price of egg from him on which the informant is said to have replied that he had no knowledge and his mother might have demanded the price of egg. The petitioner is said to have ordered Suraj Singh to kill the informant and on such, Suraj Singh fired which hit on the right side of the chest of the informant.

The learned counsel for the petitioner submits that there is no allegation of firing against the petitioner. It was Suraj Singh who is said to have fired causing injury on the right side of the chest of the informant. The occurrence took place on 18.06.2019 but the fardbeyan was lodged on 24.06.2019. It is further submitted that petitioner has got four criminal cases but by filing supplementary affidavit it is disclosed that out of

Patna High Court CR. MISC. No.72726 of 2019(3) dt.18-12-2019 2/2 which the petitioner has already been acquitted in one case being Kasim Bazar P.S. Case No.153 of 2016. The petitioner was remanded in Kasim Bazar P.S. Case No.138 of 2019 on 23.07.2019 and since then the petitioner is in jail. It appears that only allegation against the petitioner is that the petitioner asked the informant how he did courage to demand price of egg and on such, the petitioner is said to have ordered Suraj Singh who fired causing injury on the right side of the chest of the informant. It is submitted that informant is still alive. Petitioner is in custody since 23.07.2019. Petitioner remained in jail for about five months.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No.169 of 2019, subject to the condition that one of the bailors shall be either father or mother of the petitioner. (Prabhat Kumar Jha, J) Saurabh/- U T