Rohit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59164 of 2022 Arising Out of PS. Case No.-526 Year-2022 Thana- SUPAUL District- Supaul ====================================================== ROHIT SINGH S/o Umashankar Singh R/o Village- Bairo, Tola- Brahmpur, P.S.- Supaul, Distt- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. K.P. Singh, Sr. Adv.

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Supaul P.S. Case no. 526 of 2022 instituted for the offence under Section 302, 447, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, petitioner along with four named accused and 5-7 un-named accused persons came at the door of Manoj Sharma and petitioner started indiscriminate firing which hit the informant's mother in her neck as a result of which she fell down unconsciously. She was taken to hospital where doctor declared her brought dead.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. Allegation of firing is against all accused

Patna High Court CR. MISC. No.59164 of 2022(4) dt.24-02-2023 2/2 persons including the petitioner. There is case and counter case in the background of land dispute. Petitioner is languishing in custody since 04.06.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that there is direct allegation of firing against the petitioner. Witness has supported in prosecution story in para 8 of the case diary. As per postmortem report, doctor opined cause of death due to bullet injury and excessive bleeding to cardio respiratory failure shock. Post mortem report also supports the prosecution story Having heard the learned counsel for the parties and considering the fact that there is direct allegation of opening fire against the petitioner, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U