Umesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33879 of 2023 Arising Out of PS. Case No.-124 Year-2022 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== UMESH SINGH son of Late Triloki Singh Resident of Village- Gaibandhi PS- Fenhara, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore@ Kundan Kumar For the Opposite Party/s :
Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, it is alleged that all the FIR named accused persons are indulged in hatching conspiracy to kill the informant's brother by shot fire in connivance with other unknown accused persons.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The petitioner is not named in the FIR rather on the basis of suspicion, he has been made accused present case. There is no
Patna High Court CR. MISC. No.33879 of 2023(2) dt.26-06-2023 2/2 allegation of firing against the petitioner rather specific allegation of firing is against co-accused Nitish Kumar Singh @ Chhotu Singh and Amit Kumar Singh due to which the informant's brother died. Similarly situated co-accused namely, Viraj Mandal has already been granted bail by a this Court vide order dated 25.4.2023 passed in Cr. Misc. No. 12604 of 2023. Moreover, he is languishing in judicial custody since 02.11.2022.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Sheohar/ concerned Court in connection with Shyampur Bhatha P.S. Case No. 124 of 2022.
(Sunil Kumar Panwar, J) Amandeep/- U T