Daroga Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19052 of 2024 Arising Out of PS. Case No.-16 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Daroga Singh S/o Raghunath Singh R/o Vill - Malpur, P.S. - Khushrupur, Dist. - Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-05-2024 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Khushrupur P.S. Case No. 16 of 2023 registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The accused/petitioner is named in the F.I.R. and is in custody since 22.08.2023.

4. The allegation against the petitioner is to commit murder of son of the informant alongwith other coaccused persons by causing firearm injuries, where occurrence arises out of old enmities.

Patna High Court CR. MISC. No.19052 of 2024(3) dt.17-05-2024 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that allegation against petitioner is only part of mob, whereas the specific allegation is to cause fatal firearm injuries is available against co-accused, namely, Dhananjay Singh. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP, opposes the prayer of bail.

7. Considering the facts and circumstances as mentioned above as allegation against petitioner is limited to part of mob only, where specific allegation of fatal firing is available against co-accused, coupled with the fact that charge-sheet has already been submitted, where petitioner is in custody since 22.08.2023 accordingly, petitioner above named, is directed to be released on bail in connection with Khushrupur P.S. Case No. 16 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.19052 of 2024(3) dt.17-05-2024 3/3 learned Additional District & Sessions Judge - IV, Patna City/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J.) Rajeev/- U T