Madhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47604 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Madhesh Singh Son Of Suraj Singh R/O Village- Garhan, P.S.- Udwant Nagar, District- Bhojpur 2.

Lal Bahadur Singh Son Of Rama Shankar Singh R/O Village- Garhan, P.S.- Udwant Nagar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Adv.

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

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioners seek bail in a case registered under Sections-147, 148, 149, 337, 338, 323, 307, 302, 504, 109, 506 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, a gun shot was fired upon the informant's father namely Nepal Singh as a result of which, he sustained injury and succumbed to death.

It has been submitted that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses

Patna High Court CR. MISC. No.47604 of 2022(2) dt.20-12-2022 2/2 alleged against the petitioners. The petitioners are in custody since 28-03-2022. Charge sheet has already been submitted in this case. The petitioners have falsely been implicated in the present case. The allegation against the petitioner No. 1 is to cause injury to Shiv Shankar Singh and against the petitioner No. 2 it is alleged that he caused injury to Ram Manoj Singh. The allegation of assault to the deceased is against the co-accused namely, Sanjay Singh. At best, an offence under Section-307 of the Indian Penal Code is made out against the petitioners. The petitioners have remained in custody for approximately more than nine months.

On behalf of the State, it is submitted that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 124 of 2022.

(Sudhir Singh, J) A.K.V.//- U T