Kripal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48727 of 2025 Arising Out of PS. Case No.-166 Year-2024 Thana- ALAMNAGAR District- Madhepura ====================================================== Kripal Singh S/O Bindeshwari Singh R/O Village- Khapur, P.S- Alamnagar (Ratwara O.P), Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Singh, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Alamnagar (Ratwara O.P.) P.S. Case No. l66 of 2024 instituted for the offences under Sections 302, 120B of the Indian Penal Code and 27 of the Arms Act.

3.

Prosecution case, in short, is that, on opposition to a road construction project in Ward No. 12, the accused including the petitioner encircled the informant's brother, namely, Mukesh Kumar Singh @ Munna and shot him, while other accused persons brutally assaulted him with sharp weapons, causing his death on the spot.

4.

Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.48727 of 2025(2) dt.16-07-2025 2/3 the petitioner has falsely been implicated in the present case merely on the basis of suspicion. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. There is no specific allegation of firing against this petitioner. Petitioner is only a member of mob. Learned counsel for the petitioner further submits that the petitioner has neither participated in the commission of alleged occurrence nor has any knowledge of the alleged occurrence. Charge-sheet has been submitted in this case. There is no eyewitness to the alleged occurrence. Even the Informant is not the eye-witness in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.12.2024 and has no criminal antecedent. Learned counsel for the petitioner further submits that the co-accused Fulo Singh has already been granted bail by this Court vide order dated 18.06.2025 passed in Cr. Misc. No. 34185 of 2025.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, there being no specific allegation against the petitioner of assaulting or firing upon the deceased, the period of custody undergone by the petitioner as also the petitioner

Patna High Court CR. MISC. No.48727 of 2025(2) dt.16-07-2025 3/3 having no criminal antecedent, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Alamnagar (Ratwara O.P.) P.S. Case No. l66 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T