Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44341 of 2023 Arising Out of PS. Case No.-154 Year-2021 Thana- GOGRI District- Khagaria ====================================================== BHUSHAN SINGH S/O LATE KAMLESHWARI SINGH R/O VillageBourna, P.S- Gogari, Distt.- Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 447, 307, 379, 387, 504, 506 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, petitioner and other accused persons entered into the house of the informant and started to abuse and thrashed the informant and his wife on the ground. It is further alleged that on order of Ganga Sagar Singh, petitioner and co-accused Raju Singh opened fire which hit the buttock of the informant's wife. They threatened of dire consequences to the informant

Patna High Court CR. MISC. No.44341 of 2023(3) dt.04-09-2023 2/3 and his wife if they fails to fulfill rangadari demand of Rs. 10 lac.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Allegedly two persons including the petitioner opened fire upon the informant's wife whereas as per injury report, she has received only one entry wound caused by gun shot, which creates doubt over the authenticity of the prosecution story. Petitioner is seventy years old man. Similarly situated other accused person, against whom, there was allegation of opening fire upon the informant causing gunshot injury over his thigh, has already been enlarged on bail by another coordinate Bench of this Court vide order dated 14.3.2023 passed in Cr. Misc. No. 46553 of 2022. Petitioner is languishing in judicial custody since 1.5.2023.

5. The application for bail is opposed by learned APP for the State.

6. 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 enlarged on bail on

Patna High Court CR. MISC. No.44341 of 2023(3) dt.04-09-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria in connection with Gogari P.S. Case No. 154 of 2021.

(Sunil Kumar Panwar, J) sushma/- U