Sanjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21049 of 2024 Arising Out of PS. Case No.-330 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Sanjay Singh Son of Sri Ram Pravesh Singh Resident of Village - Lodipur Mansurpur, P.S.- Khusrupur, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binit Kumar, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Khusrupur P.S. Case No 330 of 2022 lodged on 27.08.2022 under Section 302 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution, F.I.R. has been lodged against twenty named accused persons including the present petitioner. Specific allegation is against the petitioner along with the accused Sanjay Singh, Rana Singh and Niranjan Kumar that they have assaulted by rifle on the informant but anyhow informant has saved his life from them.
4. Learned counsel submits that the petitioner is innocent and has committed no offence. He submits that
Patna High Court CR. MISC. No.21049 of 2024(4) dt.28-05-2024 2/3 antecedent of the petitioner is clean and he is in custody since 08.09.2023 as mentioned in the supplementary affidavit. Learned counsel submits that, from the content of the F.I.R., it is true that it is a case of murder but specific allegation of firing is upon Rajendra Singh and Bablu Singh. It is true that it is a case of double murder but specific allegation is against Rajendra Singh who killed the informant's mother and Bablu Singh who fired on the head of the informant's father due to which he died.
5. Learned counsel for the petitioner submits that similarly situated persons Suresh Singh has been granted bail by this Court dated 10.05.2023 passed in Criminal Miscellaneous No. 16187 of 2023.
6. Learned counsel for the State vehemently opposes the prayer for bail and submits that it is a case of double murder and all accused persons are in connivance with each other and in furtherance of the common intention to attack from the informant's family which resulted into death of two persons.
7. In the present facts and circumstances, it transpires that the bail of Suresh Singh has been granted considering his old age.
8. In this background, let the petitioner above
Patna High Court CR. MISC. No.21049 of 2024(4) dt.28-05-2024 3/3 named be granted bail after framing of charge, if the charge is not framed yet and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City, Patna in connection with Khusrupur P.S. Case No 330 of 2022 subject to the condition laid down under Section 437(3) of the Cr.P.C. (Dr. Anshuman, J) Sachin/- U T