Ram Brichha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12177 of 2023 Arising Out of PS. Case No.-51 Year-2022 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== Ram Brichha Singh Son Of Late Jhari Singh R/V- Sikari, P.S.- Adhaura, District- Kaimur At Bhabua ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar Seth For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27, 35 of the Arms Act.

As per prosecution case, the allegation against the accused persons including the petitioner is that they committed murder of the informant's husband by opening fire. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The informant is not an eye witness of the alleged occurrence and no specific allegation of shot firing levelled against the petitioner. It is further submitted

Patna High Court CR. MISC. No.12177 of 2023(4) dt.21-08-2023 2/2 that except suspicion no consistent material has come out against the petitioner and he has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.10.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that at the instance of accused persons incriminating weapon was recovered which was used in this alleged occurrence.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Adhaura P.S. Case No. 51 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Bhabhua at Kaimur. (Sunil Kumar Panwar, J) Manishkumar/- U T