Sushant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62581 of 2024 Arising Out of PS. Case No.-7 Year-2023 Thana- MANPUR District- Nalanda ====================================================== Sushant Singh Son of Sanjay Singh Resident of village - Allaudiya Sarai, Poice Station - Manpur, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP For the Informant :

Mr. Md. Imteyaz Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant. Perused the case diary.

2.

The petitioner seeks bail in connection with S.T. No. 278 of 2024 arising out of Manpur P.S. Case No. 07 of 2023 instituted for the offence under Sections 341, 447, 302, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in short is that accused persons including the petitioner have fired indiscriminately upon the informant and his members and as a result of which son of the informant died on the spot.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.62581 of 2024(4) dt.22-11-2024 2/3 that the petitioner is in custody since 29-09-2023. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is alleged that petitioner has fired upon one Mukesh Kumar but, from perusal of the injured report it is opined that injury is simple in nature. It is submitted that parties are villagers. It is lastly submitted that police after completion of investigation has already submitted charge sheet in this case. 6.

Learned A.P.P. for the State and learned counsel for the Informant have vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that there is direct allegation against the petitioner. Learned counsel for the informant submits that there is recovery of nine empty cartridges from the place of occurrence.

7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.62581 of 2024(4) dt.22-11-2024 3/3 Court below/concerned Court in connection with Manpur P.S. Case No. 07 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T