Dewa Singh @ Devraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49568 of 2023 Arising Out of PS. Case No.-172 Year-2021 Thana- SHAMBHUGANJ District- Banka ====================================================== Dewa Singh @ Devraj Singh Son Of Wakil Singh Resident Of Village - Dharmpur, P.S. - Shambhuganj, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 450, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code and Section 27 of Arms Act.

3. Allegation against the co-accused person, namely, Ravi Singh is that he opened fire upon the informant on his chest on the order of this petitioner.

4.Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the only allegation against the petitioner is to give order to open fire upon the informant but he did not open fire himself on the

Patna High Court CR. MISC. No.49568 of 2023(2) dt.25-08-2023 2/2 informant. It is also submitted that co-accused, namely, Ravi Singh who opened fire has already been granted bail by the different co-ordinate Bench of this Court vide Annexure-3 of this petition. Moreover, the petitioner is languishing in judicial custody since 18.02.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shambhuganj P.S. Case No. 172 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions JudgeIV, Banka. (Sunil Kumar Panwar, J) shubham/- U T