Ram Pravesh Singh @ Ram Perwesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12574 of 2023 Arising Out of PS. Case No.-330 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Ram Pravesh Singh @ Ram Perwesh Singh Son of Shri Budhu Singh @ Bittu Singh R/v- Lodipur Mansurpur, P.S.- Khusrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Narayan Sharma For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and 27 of Arms Act.

As per prosecution case, it is alleged that on 26.08.2022 while the informant was in his Dalan, in the meantime he heard sound of fire arms from his house and when he came there he saw that his neighbour Rajendra Prasad @ Baudhu who armed with rifle fired on the head of his mother and she died. It is further alleged that Sanjeet Kumar, Pankaj Kumar and Bablu Singh armed with country made pistol who fired on the head of informant's father Arun Singh and he also died. Other accused persons also fired upon the informant and

Patna High Court CR. MISC. No.12574 of 2023(3) dt.12-07-2023 2/3 his relatives.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is general and omnibus allegations levelled against the petitioner and other accused persons. The specific allegation of opening fire is against the other coaccused persons. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated other co-accused persons have already been granted bail by another co-ordinate Bench of this Court vide order dated 10.05.2023 and 24.06.2023 passed in Cr. Misc. No. 16187 of 2023 and 23694 of 2023 respectively. It is also submitted that petitioner is languishing in judicial custody since 18.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Khusrupur P.S. Case No.

Patna High Court CR. MISC. No.12574 of 2023(3) dt.12-07-2023 3/3 330 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna City or his Successor Court.

(Sunil Kumar Panwar, J) lata/- U T