Kongresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17208 of 2024 Arising Out of PS. Case No.-504 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== Kongresh Singh, Male, aged aboutd 34 years, Son of Late Sagar Singh, Resident of Village-Sitakund Dih, Ward No.-01, P.S.-Muffasil, DistrictMunger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Patel, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Barauni (Chakiya) P.S Case No. 504 of 2023 registered for the offences punishable under Sections 307, 353 and 34 of the I.P.C and 25(1-B)a, 26 and 35 of the Arms Act.

3. As per prosecution case, petitioner along with co-accused have fired on the police personnel and one desi katta was recovered.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.17208 of 2024(2) dt.20-03-2024 2/3 petitioner is innocent has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has been made accused on the basis of dirty village politics. Petitioner has got no criminal antecedent as stated in para 3 of the petition. Petitioner is in custody since 27.09.2023.

5. However, learned APP for the State oppose the prayer for regular bail.

6. On perusal of the FIR, impugned order of the learned Additional District and Sessions Judge-II, Begussarai dated 03.01.2024, it appears that there is no any independent witness of the seizure list. Similarly situated co-accused persons namely Santosh Kumar @ Chuhwa @ Santosh Mahto and Rajesh Kumar have been granted bail by a co-ordinate Benches of this Court in Cr. Misc. Nos. 86171 of 2023 and 2356 of 2024 vide orders dated 18.01.2024 and 30.01.2024, respectively, and the period of custody, let the above named 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 learned Chief Judicial Magistrate, Begusarai in

Patna High Court CR. MISC. No.17208 of 2024(2) dt.20-03-2024 3/3 connection with Barauni (Chakiya) P.S Case No. 504 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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