Bhallu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8183 of 2024 Arising Out of PS. Case No.-37 Year-2000 Thana- BARHARA KOTHI District- Purnia ====================================================== Bhallu Singh, aged about 45 years, (male), Son Of Ramdev Singh Resident Of Village - Orlaha, P.S. - Barhara, District - Purnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrwal, Sr. Adovocate.

Mr. Bidhu Ranjan, Advocate.

Mr. Kumar Rajdeep, Advocate.

For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Barhara (Raghubansh Nagar) P.S Case No. 37 of 2000 registered for the offences punishable under Sections 302 read with 34 of the I.P.C and 27 of the Arms Act.

3. As per allegation in the FIR, on the date of occurrence at 1:30 A.M., the petitioner along with other accused persons shot dead the uncle of the informant when he was sleeping.

4. Learned counsel for the petitioner submits

Patna High Court CR. MISC. No.8183 of 2024(2) dt.19-02-2024 2/3 that petitioner has falsely been implicated in this case. He further submits that after completion of the investigation, the Investigating Officer has not found any involvement against the petitioner, hence, the Investigating Officer submitted final form against the petitioner and other co-accused. Accordingly, the learned Magistrate deferred the opinion of Investigating Officer and taken cognizance against the petitioner without any evidence. The similarly situated co-accused has already been granted bail by the Co-ordinate Bench of this Court vide order dated 23.01.2024 passed in Cr. Misc. No. 84605 of 2023. It is also submitted that petitioner is in judicial custody since 24.10.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail, on furnishing bail bonds

Patna High Court CR. MISC. No.8183 of 2024(2) dt.19-02-2024 3/3 of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Purnea, in connection with Barhara (Raghubansh Nagar) P.S Case No. 37 of 2000.

(Ramesh Chand Malviya, J) Nilmani/- U T