Shree Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10026 of 2025 Arising Out of PS. Case No.-125 Year-2024 Thana- KINJAR District- Jehanabad ====================================================== Shree Nath Singh S/O Late Sadhu Saran Singh R/O Village- Jamharu, P.SKarpi, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kunwar Digvijay Singh, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-06-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Kinjar P.S. Case no.125 of 2024, registered under sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that while he was at home he received information about his elder brother having been murdered. On reaching the place of occurrence, he found the body of the deceased. The informant states that it appears that his brother had been shot by the accused persons.

4. Learned counsel for the petitioner submits that the F.I.R. was registered against unknown. The name of the petitioner transpired in course of investigation when it was

Patna High Court CR. MISC. No.10026 of 2025(3) dt.10-06-2025 2/3 stated that over a dispute relating to Jamharu Jalkar auction a meeting had been held in the house of one Kaushal Mahto where a plan was made to murder the informant's elder brother. Learned counsel submits that the only material that is transpiring against the petitioner is that the petitioner had participated in the said meeting. No witness in the case diary has claimed to have seen the occurrence or has made any allegation of the petitioner having participated in the occurrence. The petitioner is in custody since 22.9.2024 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R., the material that has transpired in course of investigation and there being no eye witness to the occurrence or any material transpiring in course of investigation making allegations of any overt act against the petitioner who is in custody for 8 months since 22.9.2024 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Kinjar P.S. Case no.125 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.10026 of 2025(3) dt.10-06-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal. (Partha Sarthy, J) avinash/- U T