Himanshu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58650 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- JIRADEI District- Siwan ====================================================== HIMANSHU SINGH S/o- MAHATAM SINGH Village- SArna Ps- Darauli Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, two unknown miscreant came on a motorcycle and fired upon the son of the informant, due to which he sustained injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown person. The name of the petitioner has come into light on the basis of confessional statement of himself before the

Patna High Court CR. MISC. No.58650 of 2023(3) dt.02-01-2024 2/2 police, which has got no evidentiary value in the eyes of law. There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Durgesh Ram, who shot fired upon the informant's son due to which he sustained injury. There is no specific overt act against the petitioner of firing. He is languishing in judicial custody since 13.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Siwan in connection with Jiradei P.S. Case No. 21 of 2023. (Sunil Kumar Panwar, J) Arish/- U T