Shiv Bali Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41183 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== SHIV BALI SINGH son of Govind Singh Village- Ghorpokhar Ps- Udwant Nagar Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 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 and Section 27 of Arms Act.

According to FIR, it is a case of commission of murder of informant's son namely, Dhanu Singh by shot fire and allegation against this petitioner is to provide weapon to coaccused which was used in this alleged offence. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the petitioner was not present at the place of occurrence rather

Patna High Court CR. MISC. No.41183 of 2023(2) dt.14-07-2023 2/2 he was residing in other village Gorpokhar. He has no concern with the alleged offence and no specific overt-act is attributed against him. Nothing incriminating article has been recovered from conscious possession of the petitioner. He has got no criminal antecedent as stated in para-3 of the petitioner. Moreover, the petitioner is languishing in judicial custody since 8.3.2023.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandi P.S. Case No. 73 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. V Bhojpur at Ara.

(Sunil Kumar Panwar, J) Amandeep/- U T