Sanjeev Singh @ Sanjiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13986 of 2024 Arising Out of PS. Case No.-346 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== 1.

Sanjeev Singh @ Sanjiv Kumar Singh Son of Jaleshwar Singh Resident Of Village- Nawada, Ps- Rivilganj, Distt- Saran At Chapra 2.

Shivam Kumar Singh @ Shivam Singh Son of Sanjeev Singh Resident Of Village- Nawada, Ps- Rivilganj, Distt- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the State :

Mr. Narsingh Tanti, APP For the Informant :

Mr. Udai Shankar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024

1. Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

3. The petitioners seek bail in connection with Rivilganj P.S. case No. 346 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 302, 504, 506 of the Indian Penal Code and 27 and 35 of the Arms Act.

4. Prosecution case, in short, is that on the alleged date and time of occurrence, the petitioners and their family members were digging foundation in the land of the informant. On protest, the petitioners along with other co-accused persons

Patna High Court CR. MISC. No.13986 of 2024(2) dt.06-03-2024 2/3 caught hold the brother of the informant and co-accused Dhanjiv Singh fired upon him due to which he died.

5. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against the petitioners. The specific accusation of firing is attributed to the co-accused Dhanjiv Singh. There is case and counter-case between the parties. It has been submitted on behalf of the petitioners that the petitioners are in custody since 21.11.2023. Petitioner no.1 has one criminal antecedent whereas petitioner no.2 has no criminal antecedent.

6. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioners.

8. Considering the aforesaid facts and circumstances of the case, no any direct allegation and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

9. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.13986 of 2024(2) dt.06-03-2024 3/3 below/concerned Court in connection with Rivilganj P.S. case No. 346 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U