Patna High CourtCR. MISC./44789/2024bail granted

Shiv Lochan Singh v. The State Of Bihar

2024-09-06Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44789 of 2024 Arising Out of PS. Case No.-73 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Shiv Lochan Singh Son of Jhunak Singh R/O Vill.- Salempur, P.S.- Chandi, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Singh, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP For the Informant :

Mr. Surj Bansh Ray, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 323, 336, 337, 338, 326, 307, 302, 504, 506 of the Indian Penal Code.

3. As per allegation, when the informant was in his house, the accused persons named in the FIR, equipped with brick bat and stones, came there and started indiscriminate firing and they also threw bricks and stones upon him. When his son came to save him, they opened fire on him, causing head injury. Further, they assaulted one Raviranjan Kumar, Surendra Singh, Chandra Shekhar Kumar and one Chinta Devi.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The informant is not an eye

Patna High Court CR. MISC. No.44789 of 2024(4) dt.06-09-2024 2/2 witness of the alleged occurrence. The allegation against the petitioner is general and omnibus. Nothing incriminating article has been recovered from conscious possession of the petitioner. The petitioner is a person of clean antecedent. Similarly situated co-accused has already been granted bail by a co-ordinate Bench of this Court vide order dated 14.07.2023 passed in Cr. Misc. No. 41183 of 2023. Moreover, the petitioner is languishing in judicial custody since 24.04.2024.

5. Learned APP appearing for the state has vehemently opposed the prayer of regular bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIII, Bhojpur at Ara in connection with Chandi P.S. Case No. 73 of 2023, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T