Ram Iswar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39790 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Ram Iswar Singh Son of Krishna Singh R/O Village- Garahan, P.S.- Udwant Nagar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate :

Mr. Rajeev Ranjan No.2, Advocate :

Mr. Raju Kumar Singh, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-11-2022 Heard learned senior counsel appearing on behalf of the petitioner and learned APP 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 Udwant Nagar P.S. Case No. 124 of 2022 registered for the offence under Sections 147, 148, 149, 337, 338, 323, 307, 302, 504, 109 and 506 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 31.03.2022.

The allegation against the petitioner is to commit murder of father of the informant, alongwith other co-accused

Patna High Court CR. MISC. No.39790 of 2022(3) dt.24-11-2022 2/3 persons, by causing fire arm injury, for long standing land dispute.

Learned senior counsel, Mr. N.K. Agrawal appearing on behalf of the petitioner submitted that the present occurrence is founded over land dispute, where maximum allegation what surfaced during the course of investigation or from the bare perusal of the FI.R. against this petitioner is of order giver, where the thrust of allegation, as to cause fatal fire arm injury, is available against co-accused, namely, Sanjay Singh. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as allegation against this petitioner is limited only to give order, whereas the thrust of allegation, as regard to cause fire arm injury, is available against co-accused, namely, Sanjay Singh coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Udwant Nagar P.S. Case No. 124 of 2022 on

Patna High Court CR. MISC. No.39790 of 2022(3) dt.24-11-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

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