Suraj Kumar Singh @ Daugi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12120 of 2024 Arising Out of PS. Case No.-1416 Year-2023 Thana- DANAPUR District- Patna ====================================================== Suraj Kumar Singh @ Daugi S/O Late Bhola Singh R/O Village- Bhathi Par, Vishal Mega Mart, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Dhananjay Kumar Tiwary, Advocate For the State :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Danapur P.S. Case No. 1416 of 2023 instituted for the offence under Sections 307 & 34 of the Indian Penal Code and 27 of the Arms Act.

3.

Prosecution case in short is that petitioner along with other co-accused persons came at the door of the informant and fired on the door of her house.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-11-2023. Petitioner

Patna High Court CR. MISC. No.12120 of 2024(2) dt.27-02-2024 2/3 bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application, in which he is acquitted. 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no direct allegation attributed to the petitioner. There is general and omnibus allegation levelled against the petitioner. It is also submitted that even in the CCTV footage collected during the course of investigation, petitioner has not been identified. From perusal of the FIR, it would reveal that seven persons are said to have fired, but only two parts of empty cartridge was produced by the seizure list witness. Charge sheet is already submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and no direct allegation attributed to the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Danapur

Patna High Court CR. MISC. No.12120 of 2024(2) dt.27-02-2024 3/3 P.S. Case No. 1416 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T