Shiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47292 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ====================================================== Shiv Kumar Singh, Son of Parasnath Singh, resident of Mohalla- Bagmali, P.S.- Hajipur Town, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Hajipur Industrial Area P.S.Case No. 85 of 2018 registered for the offences punishable under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

Allegation as per FIR is that four miscreants came on two motorcycles and made firing resulting in death of brother of informant and informant claimed that miscreants can be identified by the footage of CCTV camera installed at the shop. Learned counsel for the petitioner has submitted that petitioner is not named in the FIR and later on his name transpired in the confessional statement of co-accused and petitioner has been falsely implicated in this case because of the fact that he had

Patna High Court Cr.Misc. No.47292 of 2018 (3) dt.14-09-2018 2/2 a talk with co-accused, who is said to be one of the conspirators and CCTV footage has not been examined. Further submission is that similarly situated co-accused Mukesh Kumar Singh has already been granted bail by a co-ordinate Bench of this Court vide order dated 6.8.2018 passed in Cr.Misc.No. 47703 of 2018 and petitioner is in custody since 5.6.2018.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, named above, be released 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 the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Industrial Area P.S.Case No. 85 of 2018, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U