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Patna High CourtCR. MISC./4982/2023allowed

Hareram Singh v. The State Of Bihar

2023-05-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4982 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- NAYAGAON District- Begusarai ====================================================== HARERAM SINGH S/O LATE BALESHWAR SINGH R/v- Sonapur Dih, Ward No. 15, P.S.- Nayagaon, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B)/34 of the Indian Penal Code and section 27 of Arms Act. As per FIR, the prosecution case lodged against the accused persons including the petitioner for causing death of the informant's father namely, Vijay Kumar Singh by shot fire. It is further alleged that the petitioner is indulged in hatching conspiracy to kill the informant's father in connivance with others.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has falsely been implicated in the present case. From

Patna High Court CR. MISC. No.4982 of 2023(3) dt.11-05-2023 2/2 perusal of FIR, it appears that the petitioner is alleged to be only present at the place of occurrence whereas, the specific allegation of shot fire upon the deceased is against other coaccused persons. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 25.10.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nayagaon P.S. Case No. 75 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T