Patna High CourtCR. MISC./23689/2023bail granted

Rajesh Kumar Singh v. The State Of Bihar

2023-05-23Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23689 of 2023 Arising Out of PS. Case No.-257 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== RAJESH KUMAR SINGH (Male aged about 45 years) SON OF CHATURANAND SINGH RESIDENT OF VILLAGE- AND PO - BASANWARA, PS- ALAM NAGAR AND DISTT- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-05-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Aalam Nagar P.S. Case No. 257 of 2022 dated 17.10.2022 registered for the offence(s) punishable under Section(s) 341, 324, 307, 120 B of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has fair and clean antecedent and as per FIR, the main allegation of causing firearm injury to the informant and one other person, namely, Maheshwar Singh is against three unknown persons, who came at the place of occurrence on a motorcycle and

Patna High Court CR. MISC. No.23689 of 2023(2) dt.23-05-2023 2/3 against this petitioner, there is a simple allegation of having not made objection against the alleged firing and also of stopping the other persons from resisting the acts of the main accused persons but the said allegation is completely false and there is no direct allegation against this petitioner and he has been dragged in this case merely on account of having political rivalry with the informant and he has been languishing in jail since 19.10.2022 and against him, the investigation has been completed and as per FIR, both the injured persons sustained firearm injury on non-vital part of their body.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly the petitioner's fair and clean antecedent and the completion of investigation against him and also the fact that the main allegation of firing is against three unknown co-accused persons, who came at the place of occurrence on a motorcycle and also taking into account the petitioner's custody period, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Aalam Nagar P.S. Case No. 257 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two

Patna High Court CR. MISC. No.23689 of 2023(2) dt.23-05-2023 3/3 sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T