Patna High CourtCR. MISC./11195/2024bail granted

Suman Singh v. The State Of Bihar

2024-02-22Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11195 of 2024 Arising Out of PS. Case No.-299 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Suman Singh S/O MR. GAJENDRA SINGH VILLAGE- BELAHA,PS.- PHULPARAS, DIST.- MADHUBANI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Phulparas P.S. Case No. 299 of 2023 registered on 30.05.2023 lodged under Sections 302, 120B,/34 of the I.P.C. and Section 27 of the Arms Act.

3. As per the prosecution case, F.I.R. has been lodged against one named and three unknown accused persons including the petitioner to whom allegation is of dragging the deceased, and subsequently, sound of firing heard by the informant and it was found that deceased was injured and was dead

4. Counsel for the petitioner submits that from the content of the F.I.R., it transpires that petitioner is well known to

Patna High Court CR. MISC. No.11195 of 2024(2) dt.22-02-2024 2/3 the informant and the informant has disclosed the name in the F.I.R. and for three other persons, she had not disclosed anything. She has also not disclosed the name of the petitioner. Charge-sheet has already been filed in this case.

5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 11.09.2023 having no criminal case pending against him.

6. Learned counsel for the State opposes the prayer for bail.

7. Learned counsel for the informant vehemently opposes the prayer for bail and submits that there is involvement of the petitioner in this case as his name has been disclosed by the petitioner. He further submits that keeping in view that informant has disclosed the name of the petitioner, he must not be granted bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if the charge is not framed yet and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court CR. MISC. No.11195 of 2024(2) dt.22-02-2024 3/3 Magistrate-II, Jhanjharpur in connection with Phulparas P.S. Case No. 299 of 2023 subject to the following conditions laid down under Section 437 (3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U