Sunil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79530 of 2019 Arising Out of PS. Case No.-340 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== SUNIL SINGH Son of Dallu Singh Resident of Village - Kunj, P.S.- Bhabua, Distt -Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dineshwar Pandey For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner, informant and the learned APP for the State.

The petitioner seeks bail in Bhabua P. S. Case No. 340 of 2019 instituted for the offence under Section(s) 147,148,149 and 302 of the Indian Penal Code.

It is submitted by the petitioner's counsel that the Court in Cr. Misc No. 60945 of 2019 filed by co-accused Ram Ekbal Singh, after examining the evidence collected during the course of investigation, has found that there are inconsistencies between the narration of events put forth by the informant and others who are said to have accompanied him. The Court has found the cases of the instant petitioner, co-accused Ram Ekbal Singh and other co- accused persons to be different from that of Sheshmuni Singh, Tejbali Singh, Shailesh Singh and Dhiraj.

Patna High Court CR. MISC. No.79530 of 2019(2) dt.18-12-2019 2/3 Having considered this aspect of the matter, the prayer for bail of the co -accused, namely, Ram Ekbal Singh was allowed vide order dated 27.11.2019. Petitioner's counsel claims parity with the said co accused, namely, Ram Ekbal Singh. The counsel for the informant as well the APP for the State have opposed the prayer for bail. It is submitted that as per the prosecution case the petitioner was also armed with knife and, therefore, he cannot be escaped from the liability arising out of the allegation made in the First Information report. It is also submitted that the trial is in an advanced stage. Considering the aforesaid submissions and in order to maintain parity, this Court would allow the prayer of bail on behalf of petitioner.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate Bhabua,Kaimur, in connection with Bhabua P. S. Case No. 340 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

Patna High Court CR. MISC. No.79530 of 2019(2) dt.18-12-2019 3/3 petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T