Shyam Singh @ Radheshyam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37560 of 2022 Arising Out of PS. Case No.-54 Year-2021 Thana- KARTAHA District- Vaishali ====================================================== Shyam Singh @ Radheshyam Singh Son Of Ashok Singh @ Ashok Kumar Singh, R/O Village- Dhanushi, P.S.- Kartaha, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. L. K. Agrawal, Sr, Advocate Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-11-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant. The petitioner seeks regular bail in connection with Kartaha P.S. Case No. 54 of 2021 lodged under Sections 302/34 of the I.P.C. read with Section 27 of Arms Act. As per prosecution, the informant has narrated in the F.I.R. the petitioner has made gun shot upon her son, in result he died. She is eye-witness of the occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the antecedent of the petitioner is clean and he is in

Patna High Court CR. MISC. No.37560 of 2022(4) dt.28-11-2022 2/2 custody since 02.10.2021. He further submits that charge sheet has been submitted.

Learned counsel for the State opposes the prayer for bail.

Learned counsel for the informant vehemently opposes the prayer for bail and submits that informant is not only eye-witness rather categorically stated the name of the petitioner that he has fired by pistol on her son and from the rejection order, it transpires that in the inquest report as well as from the post mortem also the cause of death of the deceased by fire arm.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, his bail application is hereby rejected. Trial Court is directed to expedite the trial as earliest as possible preferably within 9 moths.

(Dr. Anshuman, J.) ravishankar/- U T