Subhash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23126 of 2023 Arising Out of PS. Case No.-259 Year-2022 Thana- GORAUL District- Vaishali ====================================================== SUBHASH KUMAR SINGH SON OF AWADH KISHORE SINGH @ SHRI AWADH KISHORE SINGH @ ABADH KISHOR SINGH RESIDENT OF VILLAGE - BAYASH CHAK (VYAS CHAK), P.S. - GORAUL, DISTT. - VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Goraul P.S. Case No. 259 of 2022 dated 29.06.2022 registered for the offences punishable u/s 302, 120(B), 506 and 34 of the Indian Penal Code and 27 of

Patna High Court CR. MISC. No.23126 of 2023(2) dt.23-05-2023 2/3 Arms Act.

As per the prosecution case, the petitioner along with other co-accused persons came on the motorcycle to the shop of the informant and the co-accused Prabhat Kumar Singh fired indiscriminately on the informant's son due to which he died on the spot.

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 coaccused Prabhat Kumar. The petitioner is accused in four other cases as stated in para 3 of the bail petition. The petitioner is in custody since 30.09.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus against 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 satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Goraul P.S. Case No. 259

Patna High Court CR. MISC. No.23126 of 2023(2) dt.23-05-2023 3/3 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T