Hari Shankar Singh @ Bhikhar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30305 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- NARAINPUR District- Bhojpur ====================================================== Hari Shankar Singh @ Bhikhar Singh Son of Late Gopal Singh, Resident of Village- Banauli, P.S.- Narayanpur, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwani Kumar Tiwary For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-01-2021 Heard the learned counsel for the petitioner and Shri Ram Bilash Roy Raman, the learned APP appearing for the State.

The petitioner seeks regular bail in connection with Narayanpur P.S. Case No. 10 of 2020 for the offence punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding altercation having taken place in between the prosecution side and the accused persons with regard to sitting arrangement in a programme being conducted at the village. It is also alleged that subsequently the petitioner and the co-accused person namely Satyendra Singh had arrived at the place of occurrence and upon the petitioner having pointed towards the informant, the accused person

Patna High Court CR. MISC. No.30305 of 2020(3) dt.05-01-2021 2/3 namely Satyendra Singh had fired gun shot on the forehead of the son of the informant, resulting in his death. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 26.03.2020. The learned counsel for the petitioner has further submitted that admittedly the petitioner is not the assailant and if any one is having complicity in the matter, it is only Satyendra Singh, who had fired upon the son of the informant.

Per contra, the learned A.P.P. appearing for the State has vehemently opposed the prayer for bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available in the case diary, I find that miniscule evidence is available, as against the petitioner, so as to connect him with the alleged occurrence, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with

Patna High Court CR. MISC. No.30305 of 2020(3) dt.05-01-2021 3/3 two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Bhojpur at Ara in connection with Narayanpur P.S. Case No. 10 of 2020. (Mohit Kumar Shah, J) Tiwary/- U T