Ramesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18755 of 2024 Arising Out of PS. Case No.-36 Year-2022 Thana- CHARPOKHARI District- Bhojpur ====================================================== Ramesh Singh, S/o Nath Singh Resident of village Dulaur Tola Semraw PS Charpoukhari District Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Charpokhari P.S. Case No. 36 of 2022 dated 28.02.2022 registered for the offences punishable u/ss 307, 504 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons holding katta are alleged to have come to the door of the informant and the co-accused, Brajesh Singh pressurize the informant to withdraw the earlier case and on denial by the informant, the co-accused person, Baban Singh started firing causing multiple firearms injuries and due to that the informant became senseless. The co-accused persons were

Patna High Court CR. MISC. No.18755 of 2024(2) dt.08-04-2024 2/3 also firing from a distance. Thereafter, the informant was taken to the hospital for treatment.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There is no specific allegation against the petitioner rather the specific allegation of firing is against the co-accused, Baban Singh. The petitioner is made accused in this case only because he is the son-in-law of the co-accused, Baban Singh. No incriminating article has been recovered from the possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has three criminal antecedents as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned,

Patna High Court CR. MISC. No.18755 of 2024(2) dt.08-04-2024 3/3 Bhojpur at Ara in connection with Charpokhari P.S. Case No. 36 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T