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Patna High CourtCR. MISC./21303/2024bail granted

Suresh Singh v. The State Of Bihar

2024-05-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21303 of 2024 Arising Out of PS. Case No.-234 Year-2023 Thana- NOKHA District- Rohtas ====================================================== SURESH SINGH SON OF LATE MUNDRIKA SINGH R/OBHAWADIHRI, P.S.-NOKHA, DISTT.-ROHTAS (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alexander Ashok For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nokha P.S. Case No. 234 of 2023 dated 31.08.2023 registered for the offences punishable u/ss 302 and 120B read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons in connivance with one another are alleged to have fired on the informant's husband under conspiracy. It is further alleged that the petitioner Suresh Singh gave gun to the co-accused Umesh Singh who shot

Patna High Court CR. MISC. No.21303 of 2024(4) dt.17-05-2024 2/3 the informant's husband and he succumbed to the injury on the way to Nokha for treatment.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The specific allegation of firing is against the co-accused, Umesh Singh. Similarly situated co-accused has already been granted bail by this court vide order dated 30.04.2024 passed in Cr. Misc. No. 15831 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.05.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. As per the postmortem report, the cause of death is hemorrhage and shock caused by above mentioned injury caused by firearm. 6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.21303 of 2024(4) dt.17-05-2024 3/3 satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Nokha P.S. Case No. 234 of 2023. (Chandra Prakash Singh, J) guddukr/- U T