Patna High CourtCR. MISC./59665/2023allowed

Shubham Singh v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59665 of 2023 Arising Out of PS. Case No.-168 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Shubham Singh Son Of Jitendra Singh Resident Of Village - Rajapur, P.S. - Koilwar, District - Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 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 147, 148, 149, 307 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the petitioner along with other accused persons are alleged to have made fire indiscriminately upon the villagers while they were cutting the wheat crop. When police party reached there, the accused persons fled away. Accordingly, the present FIR was lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Allegation against the petitioner is of opening fire but no one is alleged to have sustained gunshot injury. He has falsely been implicated in

Patna High Court CR. MISC. No.59665 of 2023(2) dt.08-09-2023 2/2 this case due to his criminal antecedent. Nothing has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 29.4.2023.

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 Koilwar P.S. Case No. 168 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara. (Sunil Kumar Panwar, J) Amandeep/- U T