Patna High CourtCR. MISC./13985/2021bail rejected

Mithilesh Singh @ Mithilesh Prasad Singh v. The State Of Bihar

2021-09-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13985 of 2021 Arising Out of PS. Case No.-220 Year-2020 Thana- BYPASS District- Patna ====================================================== Mithilesh Singh @ Mithilesh Prasad Singh Son Of Late Kalika Singh Resident Of Village - Marchi, P.S.- Byepass, District - Patna. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Priyanka Singh, Advocate For the Opposite Party/s :

Mr.Ashok, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-09-2021 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks regular bail in Bye Pass Police Station Case No. 220 of 2020 registered for the offences punishable under sections 307, 302/34 of the Indian Penal Code. As per the prosecution case, the petitioner along with other accused person fired on the informant hitting in his left chest and leg with the intention to kill him. Subsequently, the victim succumbed to the injury.

Learned counsel for the petitioner submits that there is no eye witness of the occurrence except the informant/deceased. There was land dispute between the parties. He further submits that there is general and omnibus allegation

Patna High Court CR. MISC. No.13985 of 2021(5) dt.07-09-2021 2/2 of resorting to firing against all the petitioner and his associate, and no specific overt has been alleged against the petitioner. Motive of killing has also been shifted to co-accused who had threatened the deceased few days back. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since10.7.2020.

Learned counsel for the State and the informant oppose the prayer for bail and submit that the informant has himself stated in the FIR that the petitioner and his associate fired at him with intention to kill him. Prayer for bail of similarly situated co-accused has already been rejected by a coordinate bench of this Court vide order passed in Cr.Misc.No. 8423/2021.

In view of the specific allegation against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) shashi/- U T