Rupesh Singh @ Hani Singh @ Rupesh Paswan @ Hany Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82195 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== Rupesh Singh @ Hani Singh @ Rupesh Paswan @ Hany Singh Son of Chandrika Paswan Resident of Village - Gautam Nagar, Road No.02, P.S.- Bodhgaya, Distt.- Gaya ... Petitioner

Versus

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

For the Petitioner :

Mr.Deepak Kumar, Advocate For the Opposite Party :

Mr.Binod Bihari Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

Petitioner and other accused persons have been alleged to have fired at the informant's brother. Learned counsel for the petitioner submits that the allegation levelled against the petitioner is false as the informant has not produced any injury report, though as per the informant, the victim had been treated initially at Magadh Medical College, Gaya. He submits that even section 307 IPC is not made out in such circumstance. Petitioner's name has come in the case on the statement of witness during investigation. He was seen sitting on a motorcycle in a start position at the place of occurrence.

Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.82195 of 2019(2) dt.12-12-2019 2/2 amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Mofassil Police Station Case No. 94 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T