Uday Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59832 of 2022 Arising Out of PS. Case No.-152 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== UDAY SHANKAR SINGH S/o Late Basant Singh R/V- Gawai, P.S.- Sheikhpura (Hathiyawan O.P.), Distt- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinkar Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 341, 323, 324, 307, 302, 120(B), 504, 506 of the Indian Penal Code. As per prosecution case, when employees of Survey came to informant's village for Survey work, in the meantime, the accused persons along with this petitioner came there, thereafter, some altercation took place between the informant and accused persons. Co-accused Sashikant @Sunny Kumar stabbed knife blow indiscriminately on younger brother of the informant namely Khelo Singh. When the informant tried to save him, co-accused Mohan Singh also stabbed knife blow on one Anil Singh as a result of which they have sustained injuries

Patna High Court CR. MISC. No.59832 of 2022(2) dt.03-02-2023 2/3 and Khelo Singh died on spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is only family member of the co-accused persons due to which the petitioner has falsely been implicated in this case. The specific allegation of stabbing knife blow is against coaccused Sashikant and Mohan Singh. It is further submitted that the general and omnibus allegation is leveled against this petitioner. Moreover, similarly situated co-accused namely,Niraj Singh has already been granted by a coordinate Bench of this Court vide order dated 1.9.2022 in Cr. Misc. No. 31506 of 2022 and the same has been annexed as Annexure-2. It is further submitted that the petitioner is languishing in judicial custody since 13.9.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering 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 released on bail in connection with Sheikhpura (Hathiyawan) P.S. Case No. 152 of 2022 on

Patna High Court CR. MISC. No.59832 of 2022(2) dt.03-02-2023 3/3 furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheikhpura.

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