Patna High CourtCR. MISC./17796/2023bail granted

Rinku Singh @ Riku Singh v. The State Of Bihar

2023-05-15Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17796 of 2023 Arising Out of PS. Case No.-128 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== RINKU SINGH @ RIKU SINGH Son of Late Lagina Singh @ Nagina Singh R/v- Nayagaon Rajput Tola, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nand Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Parbatta P.S. Case no.128 of 2022 registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the accused namely Chiku Singh, Vikash Singh and Guddu Singh came. The shot fired by Chiku hit the brother of the informant in his head. The shot fired by Vikash hit in his arm while the shot fired by Guddu hit in his chest. It is further stated that seeing the informant coming, Pinku Singh, Rinku Singh and Vishwakarma Singh also resorted to indiscriminate firing.

4. Learned counsel for the petitioner submits that from the contents of the F.I.R. itself it is Chiku Singh, Vikash Singh and Guddu Singh who were the assailants of the

Patna High Court CR. MISC. No.17796 of 2023(2) dt.15-05-2023 2/2 deceased. The petitioner and others are not the assailants. The case of the petitioner stands on a similar footing to that of coaccused Pinku Singh who has been enlarged on bail vide order dated 23.11.2022 passed in Cr. Misc. no.43646 of 2022. The petitioner is in custody since 28.11.2022 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R., the case of the petitioner being similar to that of Pinku Singh who has been enlarged on bail vide order dated 23.11.2022 (Annexure-3) passed in Cr. Misc. no.43646 of 2022, the petitioner being in custody for 5 months since 28.11.2022 and investigation in the case having concluded with submission of chargesheet, the Court directs the petitioner to be enlarged on bail in connection with Parbatta P.S. Case no.128 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 Sub Divisional Judicial Magistrate, Khagaria.

(Partha Sarthy, J) Saurabh/- U T