Vijay Singh @ Vijay Kumar @ Vijoy Kumar Singh @ Vijoy Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79540 of 2019 Arising Out of PS. Case No.-122 Year-2019 Thana- DHARHARA District- Munger ====================================================== VIJAY SINGH @ VIJAY KUMAR @ VIJOY KUMAR SINGH @ VIJOY KUMAR S/o Pradeep Singh R/o village- Shiv Kund, Nishad Tola, P.S.- Dharhara, Distt.- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandan Kumar Verma For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-06-2020 Heard both sides through Video Conferencing.
The petitioner seeks bail in Dharahara P.S. Case No.122 of 2019 registered under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act. The informant disclosed that the marriage of daughter of Kaleshwar Mahto was being solemnised. Barat party arrived and Samadhi Milan was going on. At that time, she along with her daughter and other co-villagers were watching the ceremony. In the meantime, the accused persons, Bablu Singh, Pawan Singh, Tuno Singh, Ruko Mahto, Bhola Kumar, Vijay Singh(the petitioner) and Junior @ Voda came and are said to have made indiscriminate firing. Bablu Singh is said to have fired aiming on the daughter of the informant. Baby Kumari, the
Patna High Court CR. MISC. No.79540 of 2019(3) dt.04-06-2020 2/3 daughter of the informant got firearm injury and died on the spot.
The learned counsel for the petitioner submits that petitioner is of course named in the F.I.R. but omnibus and general allegation is made against the petitioner. Bablu Singh is said to have fired which hit Baby Kumari, daughter of the informant but Bablu Singh has already been granted bail vide order passed in Cr. Misc. No.4629 of 2020. Other accused persons have also been granted bail vide order passed in Cr. Misc. No.1262 of 2020 and Cr. Misc. No.81597 of 2019. The case of the petitioner stands on the same footing. Learned A.P.P. however opposed the prayer for bail but it appears that informant made specific allegation against Bablu Singh who fired aiming at the daughter of the informant and daughter of the informant died. Bablu Singh has already been enlarged on bail by a co-ordinate Bench of this Court as stated by the learned counsel for the petitioner in Cr. Misc. No.4629 of 2020. Other accused persons have also been enlarged on bail. The case of the petitioner stands on the same footing as that of other accused persons.
Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of
Patna High Court CR. MISC. No.79540 of 2019(3) dt.04-06-2020 3/3 Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Munger in Sessions Trial No.243 of 2019, arising out of Dharahara P.S. Case No.122 of 2019.
(Prabhat Kumar Jha, J) Saurabh/- U T