Khagesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5848 of 2023 Arising Out of PS. Case No.-256 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== Khagesh Singh S/O Kailash Singh R/O Village- Pakra, P.S.- Naugachia, DisttBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Naugachia P.S. Case No. 256 of 2022 dated 28.08.2022 registered for the offences punishable under Sections 452, 307, 504, 506 and 427 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the petitioner in toxicated condition holding arms came to the door of the informant and started knocking the door. On being objected by the informant

Patna High Court CR. MISC. No.5848 of 2023(2) dt.05-05-2023 2/3 and his son, the petitioner started abusing and demanded Rs. 3.5 lacs and fired 3 to 4 rounds on the informant and his son. Thereafter, when the petitioner's firearm did not work properly, the informant and his son attacked him and due to which the petitioner fled away.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel further submitted that no one sustained firearm injury. The petitioner is accused in six other criminal cases and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 29.08.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Naugachia, Bhagalpur in connection with Naugachia P.S. Case No. 256 of 2022, with the condition :-

1. The petitioner is directed to remain physically

Patna High Court CR. MISC. No.5848 of 2023(2) dt.05-05-2023 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T