Deepak Singh @ Deepak Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60665 of 2022 Arising Out of PS. Case No.-491 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== Deepak Singh @ Deepak Kumar Singh S/O Ajay Singh Resident Of VillageNathmalpur, P.S.- Barhara, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2023 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 a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

As per allegation in the FIR, petitioner along with co-accused persons fired from their respective firearms causing injury to the uncle of informant, due to which he succumbed to injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.60665 of 2022(2) dt.03-02-2023 2/3 falsely been implicated in the present case. It is also submitted that there is no eye witness of this alleged offence. There is no specific overt act of allegation levelled against the petitioner. The specific allegation of shot fire is against co-accused persons. It is further submitted that petitioner has surrendered on 6.7.2022 and since then is languishing in judicial custody. Similarly situate co-accused persons have been granted Bail vide order dated 28.08.2020 and 25.05.2020 passed in Cr. Misc. No. 11769 of 2020 and 23954 of 2021 respectively by the co-ordinate Benches of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection

Patna High Court CR. MISC. No.60665 of 2022(2) dt.03-02-2023 3/3 with Barhara P.S. Case No. 491 of 2018 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 A.D.J. VII, Bhojpur, Ara.

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