Vishwakarma Singh @ Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51482 of 2022 Arising Out of PS. Case No.-128 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== Vishwakarma Singh @ Nishant Kumar S/O Rajkishore Singh @ Kishore Singh Resident Of Village- Thuthi Srirampur, P.S.- Parbatta, DistrictKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Parbatta P.S. Case No. 128 of 2022 registered under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case in short is that informant was giving the wages to the labourer and informant's brother was also present there, in the meantime, six accused persons came and assaulted the informant's brother, namely, Sanjay. It is further alleged that one accused person made firing upon the brother of the informant due to which he received fire injury and later on he died.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.51482 of 2022(4) dt.13-02-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to local politics. It is further stated that the petitioner also made open fire upon the informant but did not hit him rather the specific allegation of open fire due to which the brother of the informant died is against other co-accused persons. A general and omnibus allegation has been levelled against the petitioner. Nothing has been recovered from the place of occurrence. The petitioner is languishing in judicial custody since 21.03.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Parbatta P.S. Case No. 128 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st, Khagaria.

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