Kaushal Kumar Singh @ Kaushal Kishore Singh @ Kaushal Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2266 of 2022 Arising Out of PS. Case No.-223 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== Kaushal Kumar Singh @ Kaushal Kishore Singh @ Kaushal Prasad Singh Son of Late Ramadhar Singh Resident of Village - Bajalpura, P.s.- Teghra, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Senior Advocate Mr.Vaishnavi Singh, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-09-2022 Heard learned senior counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Teghra P.S. Case No. 223 of 2021 registered for the offence under Sections 307 and 34 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 09.11.2021.

The allegation against the petitioner is to cause fire arm injury to relative of the informant, with intention to cause death for previous enmities, along with other co-accused

Patna High Court CR. MISC. No.2266 of 2022(3) dt.03-09-2022 2/3 persons.

Learned senior counsel appearing on behalf of the petitioner submitted that petitioner was not named in the FIR, where name of the petitioner surfaced during course of investigation, merely, on the basis of suspicion, founded over previous enmities. It is submitted that if the version of the FIR be accepted, the allegation of firing is not specific against this petitioner. It is submitted that despite of the fact that injured/informant and other witnesses are eye witness of the occurrence, petitioner was never put on TIP. While concluding the argument, it has been submitted that investigation in this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that allegation of firing is very much general and omnibus against petitioner, who is not named in FIR. Considering the facts and circumstances as mentioned above, as allegation as regard to firing is not specific against this petitioner, where allegation is merely on the basis of suspicion coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Teghra P.S. Case No.

Patna High Court CR. MISC. No.2266 of 2022(3) dt.03-09-2022 3/3 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/concerned court, subject to the following conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T