Bishnu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2417 of 2021 Arising Out of PS. Case No.-468 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== BISHNU SINGH son of Late Ramyash Singh Resident of VillageBakhorapur, P.S. Barahara, District- Bhojpur, Ara. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajiva Ranjan, Adv.
For the Opposite Party/s :
Mr.Satya Nand Shukla, APP Mr.Ataul Haque, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-04-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State through virtual court proceeding.
The petitioner seeks bail in connection with Barahara (Sinha O.P.) P.S. Case No.468 of 2019 registered for the offence punishable under Sections 302, 386/34 of the Indian Penal Code and section 27 of the Arms Act.
The allegation against the petitioner is that while the informant was in his shop, the informant along with other coaccused have entered the shop and killed the brother of the informant by gun-shot.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and has not
Patna High Court CR. MISC. No.2417 of 2021(3) dt.12-04-2021 2/3 committed any offence as alleged in the FIR. He is not named in the F.I.R. and his name appeared in the case on the basis of confessional statement of the co-accused. The specific allegation is against the co-accused Nityanand Singh and Ravi Singh as the person who fired upon the deceased. No incriminating article has been recovered from his conscious physical possession. Similarly situated co-accused namely Chotu Singh and Deepak Singh have been granted bail vide Cr. Misc. No.30914 of 2020 dated 25.11.2020 and Cr. Misc. No.31290 of 2020 dated 02.12.2020 respectively by a coordinate Bench of this Court. The petitioner has no criminal antecedent and has been languishing in custody since 24.01.2020.
Learned APP for the State opposed the bail petition. Learned counsel for the informant submits that during investigation, it has come that at the time of alleged occurrence, petitioner was also present there and was involved in the murder of brother of the informant.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.2417 of 2021(3) dt.12-04-2021 3/3 court below in connection, where the case is pending, with Barahara (Sinha O.P.) P.S. Case No.468 of 2019. (Anjani Kumar Sharan, J) pallavi/- U T