Milind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7238 of 2022 Arising Out of PS. Case No.-414 Year-2020 Thana- FALKA District- Katihar ====================================================== Milind Kumar Singh Son of Nirala Prasad Singh Resident of Village - Darhara, Naugachia, P.s.- Gopalpur, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Falka P.S. Katihar Case No. 414 of 2020 registered for the offence under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 02.03.2021.

The allegation against the petitioner is of firing upon the injured/informant with intention to cause death, where occurrence is founded over road rage.

Learned counsel appearing on behalf of the petitioner submitted that, admittedly, there is no specific allegation of

Patna High Court CR. MISC. No.7238 of 2022(3) dt.23-08-2022 2/2 firing against this petitioner, as per F.I.R. It is submitted that petitioner has never been put on T.I.P. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as there is no specific allegation of firing against this petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Falka P.S. Katihar Case No. 414 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T