Chhotu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15939 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Chhotu Singh Son Of Ravindra Singh @ Ravindra Kumar Singh VillageTajiyapur Ward No-12 Ps- Pipra Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 120B of the Indian Penal Code and Section 27 of Arms Act. The allegation against the petitioner along with other co-accused persons is of firing upon the brother of the informant due to which he succumbed to injury.

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 petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused before the police. It is further submitted that there is no eye witness of the alleged

Patna High Court CR. MISC. No.15939 of 2023(4) dt.09-08-2023 2/2 occurrence, only on the basis of suspicion he has been dragged in this case. Nothing consistent material has come against him. Moreover, he is languishing in judicial custody since 23.07.2022. Similarly situated other co-accused persons have already been granted bail by this Court vide order dated 27.04.2023. in Cr. Misc. No. 73872 of 2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 Chiraiya P.S. Case No. 153 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 12th Additional Sessions Judge, Motihari, East Champaran.

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