IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19040 of 2011
Sushil Singh, S/O-Lalan Singh
Versus
The State Of Bihar
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03 18.07.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is languishing in jail custody since 10.05.2010
in a case registered under Sections 302/34 of the Indian Penal Code
and 27 of the Arms Act.
It would appear from perusal of the first information
report that on the alleged date of occurrence petitioner and other
accused came on motorcycle and co-accused Chandan Singh opened
fire on the deceased Dev Kumar Rai at the instigation of Lalan Singh
and after that Lalan Singh and Babloo Singh opened fire causing fire
arm injury to a passer-by. So far as petitioner is concerned, he was
simply a member of unlawful assembly though it is stated that prior to
the alleged occurrence the father of the informant was murdered by
petitioner and others for which a case was instituted and in the said
case after investigation, police submitted final form in respect of the
petitioner and a protest petition was filed in the court and the deceased
was doing pairvi in the aforesaid protest petition and that was the
reason he was killed by the petitioner and other accused persons.
Considering the aforesaid facts and circumstances as
well as role played by the petitioner in the alleged crime, let the
petitioner be released on bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
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satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in
connection with Hajipur Town P.S. Case No. 517 of 2007.
SHAHZAD ( Hemant Kumar Srivastava, J.)