Vishwa Mohan Singh @ Tohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47169 of 2024 Arising Out of PS. Case No.-49 Year-2007 Thana- ATRI District- Gaya ====================================================== Vishwa Mohan Singh @ Tohan Singh S/o Late Bachkun Prasad Singh R/o vill - Seotar, P.S. - Atri, Distt. - Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-07-2024 Heard learned Advocate for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Atri P.S. Case No. 49/2007, S.T. No. 408/15, 03/2024 registered for the offence punishable under Sections 302, 34 of the Indian Penal Code.

3. Based on the fardbeyan, the prosecution alleges that while the brother of the informant was coming from his shop, all the F.I.R. named accused persons including the petitioner made open firing leading to his death. The specific allegation against this petitioner is of causing fire on the thigh of the deceased whereas the firing attributed to the co-accused persons hit on the stomach of the deceased resulting in his death.

Patna High Court CR. MISC. No.47169 of 2024(2) dt.10-07-2024 2/3

4. Learned Advocate for the petitioner contended that the narratives of the F.I.R. clearly suggest that the firing made by the petitioner hit only on the thigh of the deceased; thus the petitioner cannot be charged for the offence u/s 302 of the Indian Penal Code as he had no intention to kill. It is also contended that prior to the institution of the F.I.R. the petitioner had already left the village and he was not even knowing any such case instituted against him nor the petitioner had even been informed. It is also the contention of the petitioner that the trial is in the progress and out of 14 chargesheet witnesses till date only 4 witnesses have been examined and there is no likelihood of conclusion of the trial and keeping the petitioner behind the bar would serve no further purpose.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner along with one other co-accused person cause the death of the brother of the informant by firing and there is specific allegation against him.

6. Regard being had to the submissions made on behalf of the parties and considering the specific nature of accusation of firing along with other accused person leading to death of the deceased, coupled with the fact he had been

Patna High Court CR. MISC. No.47169 of 2024(2) dt.10-07-2024 3/3 evading his arrest since long, this Court is not persuaded to enlarge the petitioner on bail.

7. The prayer of bail of the petitioner stands rejected.

8. It is expected that the learned trial court will expedite the matter and take all the efforts to conclude the trial at the earliest.

(Harish Kumar, J) Ranjeet/- U T