Pawan Singh @ Jalo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26429 of 2022 Arising Out of PS. Case No.-213 Year-2021 Thana- KHARHAGPUR District- Munger ====================================================== Pawan Singh @ Jalo Singh Son Of Kishore Singh R/O Village- Barui, P.S.- Khadagpur, District- Munger ... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Roy, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP For the Informant/s : Mr. Ajit Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks regular bail in connection with Khadagpur P.S. Case No. 213 of 2021 lodged under Sections 302/34 of Indian Penal Code and Section 25(1-b)a/26(i) (ii), 35 and 27 of Arms Act.

As per the prosecution case, informant disclosed that the petitioner has fired on the chest of her husband by his gun due to which, he died on spot. Informant subsequently alleged against eight named accused persons. After committing the occurrence, petitioner started abusing and making fire,

Patna High Court CR. MISC. No.26429 of 2022(2) dt.18-08-2022 2/3 thereafter taken the body of the deceased and kept the dead body before the main door of the house in the lane. Learned counsel for the petitioner submits that from the content of the F.I.R., it transpires that the informant has not seen the said event from her own eyes. He further submits the petitioner is in custody since 04.07.2021 and charge sheet has already been filed in this case. On the point of criminal antecedent, he submits that there is one case pending against the petitioner. He also submits that this case is filed by the informant's family otherwise, petitioner is a man of clean antecedent. Learned counsel for the petitioner submits that he is ready to fulfill all the conditions, whatsoever, it may be imposed by the court.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that after reading the full contents of the F.I.R, it is crystal clear that petitioner and others are directly involved in the commission of the crime which is heinous in nature.

Learned counsel for the State also opposes the prayer for bail and submits that bail may not be granted to him as there is direct involvement of the petitioner in the commission of crime.

Patna High Court CR. MISC. No.26429 of 2022(2) dt.18-08-2022 3/3 In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at this stage. But, liberty is hereby granted to the petitioner to file his bail application afresh after framing of charge.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sanjeev/- U T