Shambhu Kumar @Shambhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5159 of 2022 Arising Out of PS. Case No.-177 Year-2020 Thana- CHANDRADIP District- Jamui ====================================================== Shambhu Kumar @ Shambhu Singh Son Of Ramakant Singh Resident Of Village- Noni, P.S.- Chandradeep, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Informant : Mr Arun Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Chandradeep P.S. Case No. 177 of 2020, registered for the offence punishable under Sections 302, 120(B), 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, on 29.12.2020 at about 9.00 AM while the husband of informant was returning his home, this petitioner along with other co-accused persons opened fire from their respective pistols due to which three bullets entered into his body causing his death. It is submitted on behalf of the petitioner that informant is not eye-witness of the occurrence rather after

Patna High Court CR. MISC. No.5159 of 2022(4) dt.20-05-2022 2/2 receiving the information she rushed at her village from Patna and thereafter, she has lodged this case. Informant's husband (deceased) was carrying six criminal antecedents and got enmity with several persons he might have been killed by his enemy. Petitioner is in custody since 08.10.2021.

Learned APP however, vehemently opposed the prayer for bail and submitted that petitioner is named in the FIR and postmortem report supports the manner of assault. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T