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Patna High CourtCR. MISC./35014/2024bail granted

Kallu Singh @ Manish Rai v. The State Of Bihar

2024-05-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35014 of 2024 Arising Out of PS. Case No.-265 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Kallu Singh @ Manish Rai Son Of Degree Singh Resident Of Village - Dhandiha, P.S. - Koilwar, District - Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Gopesh Raj, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chandi P.S. case No. 265 of 2023 instituted for the offences under Sections 147, 148, 149, 341, 342, 307, 302, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that on the alleged date and time of occurrence, this petitioner and other accused persons surrounded the informant and other persons. It is further alleged that the accused persons fired at the informant and other persons due to which they sustained injuries and, thereafter, the accused persons fled away.

4. Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.35014 of 2024(2) dt.07-05-2024 2/2 the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Petitioner has no concern with the alleged occurrence. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.10.2023 and has 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, no direct allegation, clean antecedent as also 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 Chandi P.S. case No. 265 of 2023.

(Rudra Prakash Mishra, J) Prakash/- U T