Shekhar Singh @ Shekhar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47865 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== Shekhar Singh @ Shekhar Kumar Singh Son Of Rameshwar Singh Resident Of Village -Gosainpur, Police Station -Rajepur, District -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Mohan For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Rajepur P.S. case No. 92 of 2023 instituted for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder by the petitioner by opening fire upon the head of the informant's brother namely Raj Kumar Ray due to which he sustained gun shot injury and died on the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. It is further submitted in para 8 of the petition that petitioner's father Rameshwar Singh has neither taken any money for sale of land which is subject-

Patna High Court CR. MISC. No.47865 of 2023(3) dt.28-08-2023 2/2 matter of the F.I.R. nor demanded any money from the deceased Raj Kumar Rai. Both the parties are co-villagers. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 09.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in FIR and there is direct and specific overt act against this petitioner who fired upon the head of the informant's brother due to which he died on the spot. Further, the postmortem report of the deceased also corroborates the prosecution case in which doctor opined that the cause of death is haemorrhage and shock caused by gun shot injury. It is further submitted during investigation the witnesses of this case supported the prosecution case.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against this petitioner, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) lata/- U T