Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34849 of 2024 Arising Out of PS. Case No.-60 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Shankar Singh Son of Late Ramnandan Singh R/o Vill.- Hasanpur, P.S.- Pipariya, Dist.- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Bilochan, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 60 of 2022 instituted for the offences under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that eight accused persons came on three motorcycles and opened indiscriminate firing upon the informant with intention to kill. Anyhow the informant has managed to escape from there. Thereafter all the accused persons fled away from there. All the accused persons are co-villager and known to the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The informant has not sustained any injury. No

Patna High Court CR. MISC. No.34849 of 2024(2) dt.06-05-2024 2/2 specific overt act has been alleged against this petitioner. Both the parties are co-villager and there is previous enmity between the parties due to land dispute and Pipariya P.S. Case No. 32 of 2022 has been lodged by the co-accused Manoj Singh against the informant. No incriminating material has been recovered from the possession of the petitioner. Police submitted final form on 10.08.2022 but inspite of police report the learned Court of C.J.M, Lakhisarai has taken cognizance on 09.02.2023 against the petitioner. The petitioner is in custody since 01.03.2024 and has got no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhisarai P.S. Case No. 60 of 2022.

(Rudra Prakash Mishra, J) Prakash/- U