Arun Singh @ Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51225 of 2022 Arising Out of PS. Case No.-235 Year-2020 Thana- MIRGANJ District- Gopalganj ====================================================== Arun Singh @ Arun Kumar Son Of Shri Ram Singh R/O Village- Yado Pipra, P.S.- Hathua, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Angad Kumar Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 120B read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the petitioner along with the co-accused persons boarded on two motorcycles came and the petitioner and the co-accused Srikant Singh fired indiscriminately on the informant and his grandfather. Three bullets hit the chest of the informant's grandfather who died on the spot.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.51225 of 2022(2) dt.21-12-2022 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. The co-accused Srikant Singh whose case is on similar footing has already been granted bail by the Coordinate Bench vide order dated 16.05.2022 passed in Cr. Misc. No. 58604 of 2021. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.07.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Mirganj P.S. Case No. 235 of 2020. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T