Rohit Kumar Singh @ Lala v. The State Of Bihar

IN THE HIG, COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45641 of 2022 Arising Out of PS. Case No.-128 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Rohit Kumar Singh @ Lala Son Of Late Umkar Nath Singh R/O VillageKarisath, P.S.- Udwantnagar (Gajrajganj), District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Udwantnagar P.S. Case No. 128 of 2022 registered, for the offence under Sections 147, 148, 149, 109, 341, 323, 307, 504, 506 and 302 of the Indian Penal Code and 27 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 23.03.2022.

The allegation against the petitioner is to commit murder of the brother of the informant, along with other co-

Patna High Court CR. MISC. No.45641 of 2022(2) dt.29-11-2022 2/3 accused persons, by causing fire arm injury, due to previous enmities.

Learned counsel appearing on behalf of the petitioner submitted that specific allegation of causing fire arm injury is available against co-accused, Hariom Singh, as per FIR, where the allegation against this petitioner is limited only to run away with firing in air, along with other co-accused persons, from the place of occurrence. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP duly assisted by learned counsel for the informant, opposes the prayer of bail.

In view of the facts and circumstances as mentioned above, as specific allegation of firing is available against coaccused, Hariom Singh, not against this petitioner, where he is in custody since 23.03.2022 coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Udwantnagar P.S. Case No. 128 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.45641 of 2022(2) dt.29-11-2022 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T