Jhapta Singh @ Jhaptu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40535 of 2023 Arising Out of PS. Case No.-181 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== Jhapta Singh @ Jhaptu Singh Son of Ramotar Singh @ Ramawtar Singh, Resident of Village - Khapur, P.S.- Alamnagar (Ratwara O.P.), District - Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Sessions Trial No.18 of 2022 arising out of Alamnagar (Ratwara O.P.) P.S. Case No.181 of 2018 dated 18.08.2018, lodged under Sections 147, 148, 149, 341, 328, 324, 307, 379 of the Indian Penal Code read with Section 27 of Arms Act.

4. As per prosecution case, the allegation has been made in the F.I.R. against 24 named and 1 - 5 unknown accused persons that they were returning after taking feast of marriage of daughter of informant's neighbour Arjun Singh then all of a

Patna High Court CR. MISC. No.40535 of 2023(2) dt.12-07-2023 2/3 sudden co-accused namely Rohit Kumar Singh and Dharmendra Singh started firing with intention to kill the informant but informant anyhow saved his life but by the one pellet hit one Sintu Kumar got injured and thereafter died on spot.

5. Learned counsel for the petitioner submits that from the accused column it transpires that petitioner is named in the F.I.R. but in the fardbeyan it transpires that there is absolutely no allegation against the petitioner. He further submits that petitioner is in custody since 22.06.2021 and there are two criminal antecedents pending against him and in both the cases he is on bail. He also submits that charge sheet has already been filed in this case.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Madhepura in connection with Sessions Trial No.18 of 2022 arising out of Alamnagar (Ratwara O.P.) P.S. Case No.181 of 2018, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.40535 of 2023(2) dt.12-07-2023 3/3 437(3) of Cr.P.C.

8. With this observation, the bail application stands allowed.

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