Kaushal Kumar Singh @ Koshal Kishore Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27646 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- MIRGANJ District- Gopalganj ====================================================== Kaushal Kumar Singh @ Koshal Kishore Kumar S/O Late Upender Singh Resident of Village - Matihani Madho, P.S. Mirganj, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. This relates to grant of bail to petitioner in Mirganj P.S. Case No. 12 of 2020 registered for the offence under Sections 302, 120-B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, on 12-01-2020 at about 1:15 PM, while the husband of the informant was sitting in his service centre at NH-85 near Jigna Dhala, five miscreants came there on two motorcycles and committed the murder of informant's husband by indiscriminate firing. It is further alleged that out of five miscreants, the informant identified this

Patna High Court CR. MISC. No.27646 of 2020(2) dt.21-10-2020 2/3 petitioner, as one of the assailant.

It is submitted on behalf of petitioner that petitioner and informant are co-villagers and the deceased was accused in the murder of petitioner's father (Upender Singh), for which, an FIR, vide Mirganj P.S. Case No. 160 of 2018 under Sections 302, 120-B of IPC and Section 27 of the Arms Act, was lodged. It is further submitted that the mother of the petitioner is present Mukhiya of her panchayat and there was political rivalry between the parties, for which, the deceased had also filed an election case, vide Election Case No. 02 of 2016, before the court of Munsif, Gopalganj. It is also submitted that the place of occurrence is service centre and as such, the presence of informant is very doubtful. It is submitted that there is no specific allegation against the petitioner and petitioner has surrendered in the court below on 01-02-2020.

However, learned A.P.P. for the State vehemently opposed the bail application and submitted that there is specific allegation against the petitioner and petitioner was also identified by the informant, as one of the assailant, who fired upon her husband, as a result of which, he died. Learned A.P.P. further submits that the post-mortem report also supports the prosecution case.

Patna High Court CR. MISC. No.27646 of 2020(2) dt.21-10-2020 3/3 Considering the aforesaid facts and circumstances, the bail application of the petitioner is rejected. (Prabhat Kumar Singh, J.) anay/- U T