Prakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18090 of 2023 Arising Out of PS. Case No.-97 Year-2020 Thana- PASRAHA District- Khagaria ====================================================== 1.
PRAKASH SINGH Son of Jagranath Singh Resident of village - Piparapanti, Police Station - Pasaraha, District - Khagaria 2.
Sikandar Singh Son of Jagranath Singh Resident of village - Piparapanti, Police Station - Pasaraha, District - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18462 of 2023 Arising Out of PS. Case No.-97 Year-2020 Thana- PASRAHA District- Khagaria ====================================================== 1.
MANGAN SINGH SON OF SIKANDRA SINGH RESIDENT OF VILLAGE- PIPARAPANTI PS- PASARAHA DISTRICT- KHAGARIA 2.
ASHOK SINGH SON OF SIKANDRA SINGH RESIDENT OF VILLAGEPIPARAPANTI PS- PASARAHA DISTRICT- KHAGARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 18090 of 2023) For the Petitioner/s :
Mr.Bharat Bhushan For the Opposite Party/s :
Mr.Dilip Kumar No. 1 (In CRIMINAL MISCELLANEOUS No. 18462 of 2023) For the Petitioner/s :
Mr.Bharat Bhushan For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have prayed for regular bail in a case instituted for the offence under Sections 364, 302, 201, 307 and
Patna High Court CR. MISC. No.18090 of 2023(2) dt.12-05-2023 2/3 34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioners along with others is of killing the father of the informant, when the informant and his father went for fishing. It is further alleged that the other accused persons also made indiscriminate firing. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to dirty village politics. They have committed no offence. There is general and omnibus allegation against these petitioners rather the specific allegation against co-accused Sugan Yadav, who shot fired upon the informant's father, due to which he died. There is no specific overt act against these petitioners of firing.
No incriminating articles have recovered from the conscious possession of these petitioners. He further submitted that the others co-accused have already been granted bail by a Coordinate Bench vide order dated 29.01.2022/02.07.2021 passed in Cr. Misc. No. 49959 of 2021/ 15574 of 2021. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 17.11.2022.
The application for bail is opposed by learned APP for the State.
Patna High Court CR. MISC. No.18090 of 2023(2) dt.12-05-2023 3/3 Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Pasraha P.S. Case No. 97 of 2020.
(Sunil Kumar Panwar, J) arish/- U T