Amol Singh @ Amol Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44066 of 2023 Arising Out of PS. Case No.-330 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Amol Singh @ Amol Kumar S/O Uday Singh R/O Village- Lodipur, Mansurpur, P.S- Khusharupur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Rajdeep Mr. N.K. Agarwal, Sr. Adv Mr. Arvind Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 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 sections 302 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the co-accused, namely, Rajendra Prasad is that he fired upon the informant's mother due to which she died and co-accused, namely, Bablu Singh fired upon the father of the informant which hit on the head of the informant's father due to which he also died. It is further alleged by the informant that this petitioner fired upon the informant's cousin on his leg due to which he sustained injury.

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

Patna High Court CR. MISC. No.44066 of 2023(3) dt.28-08-2023 2/2 falsely been implicated in this case due to village politics. There is no allegation of making fire on the deceased persons against the petitioner rather he opened fire upon one Tuntun Kumar on his right leg which is not a vital part of the body and the injury report has not been annexed with the case diary. Nothing specific allegation has been levelled to commit murder of the deceased persons against the petitioner. A statement has been made in para3 of this petition that he has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.02.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Khushrupur P.S. Case No. 330 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 J.M. 1st Class, Patna City.

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