Kallu Singh @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38212 of 2023 Arising Out of PS. Case No.-535 Year-2021 Thana- GRIYAK District- Nalanda ====================================================== Kallu Singh @ Sonu Kumar Son Of Vijay Singh Vill Oro, Ps- Nardiganj, District- Nawada.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rana Baljit Singh, Advocate For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Giriyak (Katrisarai) P.S. Case No. 535 of 2021 registered for the offence under Sections 341, 323, 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 22.03.2023.

The allegation against the petitioner is to open indiscriminate firing upon the informant/injured alongwith other co-accused persons, causing firearm injuries, where alleged firing was made with intention to cause death of

Patna High Court CR. MISC. No.38212 of 2023(2) dt.12-07-2023 2/3 informant/injured.

Learned counsel appearing on behalf of the petitioner submitted that the allegation of firing is not available specific against this petitioner as per narration of the FIR. It is submitted that as per injury report, only two bullet injuries were found upon the informant/injured in the background of indiscriminate firing as alleged to be caused by four accused persons including this petitioner from the close range, make allegation not convincing on its face. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of nature of allegation regarding firing qua injury report, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 22.03.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Giriyak (Katrisarai) P.S. Case No. 535 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.38212 of 2023(2) dt.12-07-2023 3/3 each to the satisfaction of learned C.J.M., Nalanda at Bihar Sharif/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T