Suresh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44641 of 2022 Arising Out of PS. Case No.-165 Year-2020 Thana- KHUSRUPUR District- Patna ====================================================== Suresh Singh Son Of Late Jang Bahadur Singh R/O Village- Nuruddinpur, P.S.- Khusrupur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Khusrupur P.S. Case No. 165 of 2020 registered for the offence under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 30.04.2022.
The allegation against the petitioner is to commit murder of father of the informant, along with other co-accused persons, for local differences and pending long-standing land dispute.
Patna High Court CR. MISC. No.44641 of 2022(2) dt.03-09-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that from bare perusal of the FIR, it appears that petitioner is the order giver, which also appears very much general and omnibus. It is submitted that similarly situated coaccused person, namely, Rajesh Kumar Singh @ Rajesh Singh @ Baudhu Singh, has been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 12689 of 2021 vide order dated 27.08.2021. It is further submitted that allegation of firing is not against this petitioner. While concluding the argument, it has been submitted that investigation in this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded that allegation is limited only to give order to open fire.
Considering the facts and circumstances as mentioned above, as allegation of firing is not specific against this petitioner, rather same is limited only to give order coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Khusrupur P.S. Case No. 165 of 2020 on
Patna High Court CR. MISC. No.44641 of 2022(2) dt.03-09-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class Patna City, Patna/concerned court, subject to the following conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) R.S.Sen/- U T