Idramani Singh @ Indramani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1528 of 2020 Arising Out of PS. Case No.-15 Year-2020 Thana- NARAINPUR District- Bhojpur ====================================================== Idramani Singh @ Indramani Singh S/O Mithlesh Kumar Singh @ Bdeo Singh R/O Vill. + P.S. - Narayanpur, Dist. - Bhojpur. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dr. Kamal Deo Sharma For the Respondent/s :

Mr.Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-10-2020 Heard learned counsel for the appellant and learned Special P.P. for the State through video conferencing. The present appeal has been filed for setting aside the impugned order dated 22-02-2020 passed by learned A.D.J.-I, Bhojpur, Ara in SC/ST Case No. 38 of 2020 (arising out of Narayanpur P.S. Case No. 15 of 2020) registered for the offence punishable under Section 302/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(i)(r)(s)/3(2)(v) of SC/ST Act, whereby the prayer for grant of regular bail of appellant has been rejected.

As per the prosecution case, on 22-02-2020 at about 6:30 PM, husband of the informant, after closing the shop, was returning to home, in the meantime, it is alleged that appellant alongwith co-accused Rohit Kumar Singh made 3-4 round firing from behind on the husband of the informant, as a result of

Patna High Court CR. APP (SJ) No.1528 of 2020(2) dt.09-10-2020 2/2 which, he died on the spot itself. It is further alleged that out of four, appellant and co-accused Rohit Kumar Singh were identified by the informant.

It is submitted on behalf of appellant that there is general and omnibus allegation. No specific allegation is alleged against this appellant and appellant has been falsely implicated in this case due to previous political dispute. It is stated in paragraph - 3 that appellant has no criminal antecedent and he is in custody since 24-02-2020.

However, learned Special P.P. for the State has vehemently opposed the appeal and submitted that there is direct allegation against the appellant of firing to the husband of the informant, as a result of which, he died. Considering the aforesaid facts & circumstances as well as specific allegation against appellant, I am not inclined to interfere with the order impugned and accordingly, this appeal, which has been filed for grant of bail to the appellant, is dismissed.

(Prabhat Kumar Singh, J.) anay/- U T