Tribhuwan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38273 of 2022 Arising Out of PS. Case No.-332 Year-2021 Thana- DARAUNDA District- Siwan ====================================================== TRIBHUWAN SINGH SON OF LATE RAGHUNATH SINGH R/O VILLAGE- KANGALI CHHAPRA, P.S.- DARAUNDA, DISTRICTSIWAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Viveka Nandsingh, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No.1, APP For the Informant :
Mr. Bijay Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State as well as learned counsel for the informant. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Daraunda P.S. Case No. 332 of 2021 registered for the offence under Sections 302, 120(B) and 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 19.04.2022.
The allegation against the petitioner is to commit murder of father of informant along with other co-accused persons, by causing firearm injury, in the background of long
Patna High Court CR. MISC. No.38273 of 2022(2) dt.03-11-2022 2/3 standing land disputes.
Learned counsel appearing on behalf of the petitioner submitted that specific allegation of firing is available against co-accused, namely, Vikki Kumar and this petitioner has been implicated in this case, as he is father of Vikki Kumar, as one of the conspirator. It is also submitted that entire occurrence is based upon land dispute. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, submitted that petitioner is one of the conspirator. Considering the facts and circumstances as mentioned above, as allegation against this petitioner is only to involved in conspiracy, where, allegation of firing, causing death of father of informant is specific against Vikki Kumar coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Daraunda P.S. Case No. 332 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Siwan/concerned court, subject to the
Patna High Court CR. MISC. No.38273 of 2022(2) dt.03-11-2022 3/3 condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T