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Patna High CourtCR. MISC./5698/2022bail granted

Rohit Singh (Wrongly Mentioned Rohit Kumar Singh) v. The State Of Bihar

2022-06-13Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5698 of 2022 Arising Out of PS. Case No.-396 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== ROHIT SINGH (Wrongly Mentioned Rohit Kumar Singh) Son of Brij Kishor Singh (Wrongly Mentioned Yogeshwar Singh), Resident of Village - Pipra Jaipal, P.S.- Ara Mufassil, Distt.- Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ara Town P.S. Case No. 396 of 2021 lodged under Sections 302/34 of the Indian Penal Code, 1860 and Section 27 of Arms Act.

As per the prosecution story, the informant got information about killing of his son. On the basis of hearsay, the informant has lodged this case that accused persons including the petitioner came on motorcycle, surrounded the informant's son and after abusing, Ritik had open fired on him by his pistol

Patna High Court CR. MISC. No.5698 of 2022(2) dt.13-06-2022 2/3 which state way hits the temple of the informant's son. Upon which he fell down. Another fire was made by Naitik Kumar (Naitik Singh) on his right hand. Thereafter, the friends of the victim took him to Sadar Hospital, Ara, where he was declared dead.

Learned counsel for the petitioner submits that from the statement made in the F.I.R., itself it transpires that the present F.I.R. is lodged on hearsay. He further submits that the specific allegation is upon Ritik and Naitik Kumar. He further submits that charge sheet has already been submitted and petitioner is in jail since 31.08.2021. He further submits that the Co-ordinate Bench of this Court has granted bail to other coaccused Amritanshu Kumar @ Kohinur vide order dated 11.05.2022 passed in Cr. Misc. No. 65624 of 2021. Learned A.P.P. has opposed the prayer for bail. Considering the facts that the charge sheet has already been submitted in this case, there is no specific allegation against the petitioner to act or overt act and considering the period of custody, let the petitioner above named, be granted bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection

Patna High Court CR. MISC. No.5698 of 2022(2) dt.13-06-2022 3/3 with Ara Town P.S. Case No. 396 of 2021.

(Dr. Anshuman, J) ravishankar/- U T