Uday Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25162 of 2025 Arising Out of PS. Case No.-16 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Uday Singh, aged about 44 years, Male, son of Sri Raja Singh, resident of Village -Malpua, PS -Khusrupur, District -Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddharth Alok, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Khusrupur PS Case No.16 of 2023 dated 08.01.2023, instituted for the offence punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.
3. The allegation against the petitioner is that he along with other named accused of FIR stopped the informant and his family members when they were coming back after a feast. All were armed and they started firing from their rifles and pistols. Brahma Singh fired bullet but the informant and others saved themselves. He exhorted others to kill everyone upon which Dhananjay Kumar fired bullet from his rifle which hit his son above the eye and he fell down and then sister of Dhananjay
Patna High Court CR. MISC. No.25162 of 2025(2) dt.30-04-2025 2/3 Kumar asked others to shoot everyone. Brahma Singh again fired on the informant which crossed above his head. The son of the informant succumbed to the injury while taking to hospital.
4. Learned counsel for the petitioner submits that the petitioner was a member of the mob and there is no specific allegation against the petitioner. Specific allegation is against Brahma Singh and Dhananjay Kumar. Further submission is that co-accused, Ranjay Kumar @ Neta Kumar, from whose house a country made pistol was recovered, has been granted bail by a co-ordinate Bench of this Court by order dated 22.06.2023 passed in Cr. Misc. No.31892 of 2023. Further submission is that upon completion of investigation, the IO submitted final form against the petitioner, but the Court below took cognizance against the petitioner by differing with the final form. Lastly, it is submitted that the petitioner is in custody since 23.12.2024 having clean antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class,
Patna High Court CR. MISC. No.25162 of 2025(2) dt.30-04-2025 3/3 Patna City, in Khusrupur PS Case No.16 of 2023.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T