Santosh Singh @ Santosh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 39891 of 2022 Arising Out of PS. Case No.-322 Year-2021 Thana- RAJAPAKAR District- Vaishali ====================================================== Santosh Singh @ Santosh Kumar Singh S/O Late Birendra Singh R/O Village- Teliya, P.S.- Rajapakar, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody in a case registered for the offence punishable under Sections 147, 148, 149, 342, 341, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case in nutshell is that while the informant was going somewhere then petitioner along with other co-accused persons were sitting at the door and in the meantime co-accused persons opened firing upon the informant, as a result of which, he sustained injuries.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that no specific allegation of shot fire is against the
Patna High Court CR. MISC. No. 39891 of 2022(2) dt.04-01-2023 2/2 petitioner rather the specific allegation of overt-act is against other accused persons. Similarly situated co-accused person has already been granted anticipatory bail by this Court passed in Cr. Misc. No. 49041 of 2022. Petitioner is in judicial custody since 13.02.2022.
Learned APP appearing for the State has opposed the prayer for 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Rajapakar P.S. Case No. 322 of 2021.
(Sunil Kumar Panwar, J) Brajesh Kumar/- U T