Ashish Kumar Singh @ Ashish Kumar @ Baiju Kumar @ Biju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19675 of 2022 Arising Out of PS. Case No.-111 Year-2021 Thana- ARA MUFFSIL District- Bhojpur ====================================================== ASHISH KUMAR SINGH @ ASHISH KUMAR @ BAIJU KUMAR @ BIJU KUMAR S/o Ram Layak Singh Resident of Village- Mahuli, P.S.- Ara Muffasil, Dist.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-01-2023 No one appears for the petitioner.
Learned A.P.P. for the State is present.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the petitioner is said to have fired from his rifle hitting the husband of the informant in his chest as a result of which he died on the spot. From perusal of the petition, it transpires that the case of the petitioner is that the petitioner is innocent and has been falsely implicated in the case. The informant, whose residence is 500 meters away from alleged place of occurrence, is not an eye witness to the occurrence. On the date of occurrence, the
Patna High Court CR. MISC. No.19675 of 2022(5) dt.09-01-2023 2/2 petitioner was under treatment at the PMCH in Patna. No one has supported the prosecution case. The petitioner is in custody since 17.8.2021 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.
Having heard learned counsel for the State and having perused the materials on record, it transpires that the petitioner is said to be the assailant of the deceased.
In view of the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
(Partha Sarthy, J) Saurabh/- U T