Diwakar Singh @ Diwakar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52641 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- BELSAND District- Sitamarhi ====================================================== Diwakar Singh @ Diwakar Kumar Singh Son Of Nagendra Prasad Singh Resident Of Village - Madhkaul, P.S.- Belsand, Distt.- Sitamarhi. ... ... Petitioner/S

Versus

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

For the Petitioner :

Mr.Lakshmi Kant Sharma, Advocate For the Opposite Party :

Mr.Uma Shankar Pd Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-02-2022 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks regular bail in registered for the offences punishable under sections 302 and other allied sections of the Indian Penal Code and sections 25(1-B)a and 27 of the Arms Act.

As per the prosecution case, petitioner fired on the neck of the victim causing his death.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that the prosecution story appears to be improbable as the deceased had been overpowered by two accused persons thereafter petitioner made firing but no one received any injury. Petitioner is in custody since 27.2.2021.

Patna High Court CR. MISC. No.52641 of 2021(3) dt.03-02-2022 2/2 Learned counsel for the State and the informant oppose the prayer for bail and submit that the petitioner is the sole assailant of the deceased and he has got criminal antecedent.

Considering the nature of accusation against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T