Uday Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47291 of 2023 Arising Out of PS. Case No.-330 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== UDAY SINGH SON OF DAVEN SINGH RESIDENT OF VILLAGEMANSURPUR, PS- PS- KHUSRPUR, DIST- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
:
Ms. Diksha Kumari, Adv.
:
Mr. Kumar Rajdeep, Adv.
:
Mr. Arvind Kumar, Adv.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023
1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Khusrupur P.S. Case No. 330 of 2022 dated 27.08.2022 registered for the offences punishable u/s 302 read with section 34 of the Indian Penal
Patna High Court CR. MISC. No.47291 of 2023(2) dt.03-08-2023 2/3 Code and Section 27 of the Arms Act.
4. As per the prosecution case, the informant was at his dalan, in the meantime he listened the sound of firearms. He saw that his neighbour Rajendra Prasad fired on the head of his mother and she died. Further, Bablu Singh fired on the informant's father and he also died on the spot. It is further alleged that the petitioner, Uday Singh and the co-accused persons entered the house of the informant and fired. The accused persons namely, Ranjan Kumar and Amol Kumar had shot on the cousin brother of the informant, namely Tuntun Kumar, and also the co-accused person, namely, Mantu Kumar, had fired gunshot on the sister of the informant whereas the coaccused person, namely, Jai Prakash, had shot the cousin brother of the informant, whereupon the co-accused persons, namely, Sanjay Singh, Suresh Singh, Rana Singh, Niranjan Kumar and Gautam Kumar, had attacked the informant and assaulted him with their rifle, however, he managed to escape. The accused person, namely Mithilesh Singh is stated to be keeping guard in the street.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the
Patna High Court CR. MISC. No.47291 of 2023(2) dt.03-08-2023 3/3 petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There is no specific allegation against the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 24.06.2023 passed in Cr. Misc. No. 23694 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.02.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Khusrupur P.S. Case No. 330 of 2022.
8. The application stands allowed.
(Chandra Prakash Singh, J) Alok Verma/- U T