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Patna High Court - Orders

Ravi Ranjan Singh vs The State Of Bihar on 16 July, 2019

Author: Sudhir Singh

Bench: Sudhir Singh

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.41156 of 2019
                 Arising Out of PS. Case No.-7 Year-2019 Thana- RAMPUR CHAURAM District- Jehanabad
                 ======================================================
                 Ravi Ranjan Singh Son of Shiv Kumar Yadav @ Shiv Kumar Singh
                 Residence of Village- Khojan Mathiya, P.S.- Kinzar, District- Arwal.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Ramakant Sharma, Sr. Adv.
                 For the Opposite Party :        Mr.Upendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   16-07-2019

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 201, 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in brief is that son of the informant had gone to watch dance at village-Basti Bigha and in course of dance programme, he was shot dead by the accused persons.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 01-04-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The informant is not an eye witness to the alleged occurrence. The informant in his restatement, recorded at paragraph- 80 of the case diary, has stated that the deceased had sustained fire- arms injury by one Sunil Kumar, son of Dudheshwar Yadav. Further Patna High Court CR. MISC. No.41156 of 2019(2) dt.16-07-2019 2/2 in paragraph-89 of the case diary, one Manish Kumar is said to have been examined who has claimed himself to be an eye witness to the alleged occurrence. The said witness in his statement has stated that it was Sunil Yadav, who fired in drunken state which hit the deceased. There is no allegation of assault alleged against the petitioner as per statement of the eye witnesses. The postmortem report also corroborates the statement, made by said witness, Manish Kumar.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. He has got criminal antecedent.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Arwal, Jehanabad in connection with Rampur Chauram P.S. Case No. 07 of 2019.

(Sudhir Singh, J) A.K.V.//-

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