Ashok Singh @ Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75266 of 2019 Arising Out of PS. Case No.-201 Year-2018 Thana- NAWANAGAR District- Buxar ====================================================== ASHOK SINGH @ ASHOK YADAV Son of Late Bihari Yadav Resident of Village - Karsar, P.S.- Nawanagar, Distt.- Buxar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Nawanagar P.S. Case No. 201 of 2018, registered under Sections 302, 120B and 34 of the Indian Penal Code and 27 of the Arms Act.

The accusation is that informant, Rajiv Ranjan Pratap Singh, along with father, Awadhesh Kumar Singh, and uncle, Narain Singh, was returning to his house boarding on motorcycle, in the way seeing the ditch father of the informant slowed the speed of the motorcycle. At that time, Brahmachari Dubey, Govinda Dubey, Chandrabhan Dubey and Awadh Bihari Dubey and 3 to 4 surrounded the motorcycle. On the order of Awadh Bihari Dubey, Brahmchari Dubey fired on his father, Govinda Dubey and Chandrabhan Dubey also made firing on his father, who fell on the ground.

Patna High Court CR. MISC. No.75266 of 2019(4) dt.04-02-2020 2/2 Submission is that the petitioner is not named in the first information report. The name of the petitioner is surfaced in the confessional statement of co-accused, Bhuteli Choudhary @ Sachida Choudhary and Santosh Yadav, who are also not named in the first information report. More so, it would appear from the first information report that allegation of firing on the deceased is against co-accused, Brahmachari Dubey, Govinda Dubey and Chandrabhan Dubey.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Nawanagar P.S. Case No. 201 of 2018 shall 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 Chief Judicial Magistrate, Buxar, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T