Sushil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46203 of 2023 Arising Out of PS. Case No.-491 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== SUSHIL SINGH son of Late Biswanath Singh Village- Gajiyapur Ps- Sinha OP, Barhara Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nil Kamal For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per allegation in the FIR, petitioner along with co-accused persons fired from their respective firearms causing injury to the uncle of the informant, due to which he succumbed to injuries.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is no eye-witness of this alleged occurrence. There is general and omnibus allegation levelled against the petitioner and no
Patna High Court CR. MISC. No.46203 of 2023(2) dt.04-08-2023 2/2 specific overt act of shot firing against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 03.02.2023 passed in Cr. Misc. No. 60665 of 2022. He is languishing in judicial custody since 16.05.2023.
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 as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on 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 Court below in connection with Barhara P.S. Case No. 491 of 2018.
(Sunil Kumar Panwar, J) arish/- U T