Shree Brij Kishore Singh @ Brij Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59680 of 2021 Arising Out of PS. Case No.-205 Year-2019 Thana- BHORE District- Gopalganj ====================================================== SHREE BRIJ KISHORE SINGH @ BRIJ KISHORE SINGH S/O LATE RAMDEO SINGH R/o village- Bhore, P.S.- Bhore, District- Gaopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Crime Investigation Department (CID), Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Udbhav For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code and u/s 27 of Arms Act.

As per the prosecution case, on 13.06.2019 while the informant and his brother were sitting at the petrol pump, six FIR named accused persons, including this petitioner, riding on two motor cycles came there and made indiscriminate firing due to which Ramshray Singh, brother of informant, sustained fire arm injury and died on the spot.

Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.59680 of 2021(4) dt.29-03-2022 2/2 that petitioner is innocent and has falsely been implicated in the case. It is submitted that at the relevant time he was not present at the place of occurrence rather he was working at Additional Primary Health Center, Lala Chapar and the aforesaid fact has been supported by some of the witnesses during the course of investigation. It is next submitted that one of the co-accused, who was apprehended during the course of investigation, in his confessional statement, has not named this petitioner as one of the assailants. Petitioner is in custody since 13.07.2021 and investigation in this case is complete.

Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that there is direct and specific allegation against this petitioner that he along with other FIR named accused persons committed the murder of brother of informant.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T