Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64318 of 2021 Arising Out of PS. Case No.-105 Year-2021 Thana- PARSA District- Saran ====================================================== Vijay Singh S/O Jaleshwar Singh R/o village- Yogini Parsa, P.S.- Bheldi, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2022 Heard both parties.

The petitioner seeks bail in Parsa P.S. Case No. 105 of 2021, registered for the offence punishable under Sections 302, 120(B) of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, two FIR named accused persons shot dead the daughter of informant. During investigation, one co-accused namely, Suchindra Rai named this petitioner as one of the conspirators involved in the alleged occurrence.

It is submitted on behalf of petitioner that from bare perusal of FIR it would be apparent that specific allegation of firing is against two persons named in the FIR. Petitioner is not named in the FIR. None has seen the alleged occurrence even

Patna High Court CR. MISC. No.64318 of 2021(2) dt.22-02-2022 2/2 the informant who claimed to be eye-witness of the alleged occurrence, but nowhere she has named this petitioner. Name of petitioner has come in this on the basis of confessional statement of co-accused Suchindra Rai and even he alleged that petitioner is one of the conspirators and no specific overt act has been alleged against him. Petitioner is in custody since 03.08.2021.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IX, Saran at Chapra in connection with Parsa P.S. Case No. 105 of 2021. (Prabhat Kumar Singh, J) vinita/- U T