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Patna High CourtCR. MISC./48675/2024allowed

Raghunath Singh v. The State Of Bihar

2025-04-03Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48675 of 2024 Arising Out of PS. Case No.-422 Year-2022 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Raghunath Singh Son of Shankar Singh @ Shankar Prasad Sharma Resident of Village - Bakma, Police Station - Bhadaur, District - Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Richa, Advocate For the Opposite Party/s :

Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-04-2025 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 section 302, 34 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier the bail application of the petitioner was rejected by another co-ordinate Bench of this Court vide order dated 29.01.2024 in Cr. Misc. No. 71110 of 2023.

4. The case of the prosecution is that the petitioner along with others has killed the husband of the informant under conspiracy.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.48675 of 2024(8) dt.03-04-2025 2/3 falsely been implicated in this case. The name of the petitioner is not there in the F.I.R. rather his name has surfaced in the statement of Abhishek Kumar who is said to be the driver of the deceased. Learned counsel for the petitioner has submitted that during trial, Abhishek has deposed as P.W.-2 and has stated in his examination in chief that he does not know as to who killed Lalji Singh @ Dhiraj, he was driving the vehicle. The firing was made from the back. The deceased was sitting on the rear seat and even he has denied to identify the petitioner through V.C. The name of this petitioner has been surfaced only on the basis of the statement of the Abhishek and confessional statement of this petitioner. Abhishek has not stated anything regarding the indulgence of this petitioner in the occurrence rather he has stated that he did not see as to who fired at the deceased. Moreover, the petitioner is languishing in judicial custody since 02.11.2022.

6. Learned APP appearing for the State has opposed the prayer of regular bail.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with

Patna High Court CR. MISC. No.48675 of 2024(8) dt.03-04-2025 3/3 Sri Krishnapuri P.S. Case No. 422 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-4th, Patna.

(Ashok Kumar Pandey, J) Shubham/- U T