Patna High Court - Orders
Neeraj Kumar Singh @ Neeraj Singh @ Pintu ... vs The State Of Bihar on 5 April, 2019
Author: Birendra Kumar
Bench: Birendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21542 of 2019
Arising Out of PS. Case No.-21 Year-2019 Thana- SONBERSA District- Saharsa
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NEERAJ KUMAR SINGH @ NEERAJ SINGH @ PINTU
DHARBHANGIYA, S/o Udeshwar Prasad Singh @ Udeshwar Singh.
Resident of Servoday Nagar, Purnea, P.S.- Purnea, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sandeep Shahi
Mr.Vasant Vikas
Mr.Dhaneshwar Vashist
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL ORDER
2 05-04-2019Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
On the occasion of marriage of the sister of co- accused, Ashish Kumar Singh, a dance programme was going on. Someone fired from his rifle, causing death of niece of the informant. During investigation, co-accused, Ashish Kumar Singh confessed that this petitioner had fired.
Submission is that statement of the co-accused, especially exculpatory statement would not be admissible Patna High Court CR. MISC. No.21542 of 2019(2) dt.05-04-2019 2/2 against the petitioner.
Considering the fact that there is no substantial material against the petitioner to compel him to go jail, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sonbarsa Raj Police Station Case No.21 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) abhishek/-
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