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Patna High Court - Orders

Amit Kumar Singh @ Ankit Singh vs The State Of Bihar on 5 August, 2019

Author: Birendra Kumar

Bench: Birendra Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48584 of 2019
                      Arising Out of PS. Case No.-21 Year-2019 Thana- SONBERSA District- Saharsa
                 ======================================================
                 AMIT KUMAR SINGH @ ANKIT SINGH Son of Shyamal Kishore Singh.
                 Resident of Village - Biratpur, P.S.- Sonbersa Raj, District- Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bhaskar Shankar
                 For the Opposite Party/s :       Mr.Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
                                       ORAL ORDER

2   05-08-2019

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

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner has filed a supplementary affidavit disclosing one criminal case against the petitioner.

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.48584 of 2019(2) dt.05-08-2019 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 condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below and 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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