Shishupal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37259 of 2022 Arising Out of PS. Case No.-115 Year-2021 Thana- SALIMPUR District- Patna ====================================================== Shishupal Singh Son Of Shambhu Singh R/O-Sammatpur, P.S.- Salimpur, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhitabh Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, while the informant and his father were weeding out grass from his maze filed, at the same time, the petitioner along with other co-accused persons came and started firing upon them with their pistols as a result of which the informant and his father sustained injuries thereafter both the injured persons were taken to hospital for treatment.

Patna High Court CR. MISC. No.37259 of 2022(4) dt.01-02-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per injury report, doctor opined of the injury sustained by one Pintu Kumar, the plane radiograph shows old united fracture distal shaft of femur with abnormal remodeling and surgical fixation and the same has been annexed with case diary. There is no specific overt-act against the petitioner of shot fire to the informant as well as his father rather allegation of shot fire is against other co-accused persons. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 6.9.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Salimpur P.S. Case No. 115 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate,

Patna High Court CR. MISC. No.37259 of 2022(4) dt.01-02-2023 3/3 1st Class, Barh/Concerned court.

(Sunil Kumar Panwar, J) amandeep/- U T