Ashish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59737 of 2022 Arising Out of PS. Case No.-526 Year-2022 Thana- SUPAUL District- Supaul ====================================================== 1.

Ashish Singh Son Of Ashok Kumar Singh R/O Village- Bairo, TolaBrahmpur, Bhagwati, P.S. And District- Supaul 2.

Vicky Singh @ Vicky Kumar Son Of Fantus Singh @ Sanjay Singh R/O Village- Bairo, Tola- Brahmpur, Bhagwati, P.S. And District- Supaul 3.

Rohit Kamat @ Rohit Kumat Son Of Sarobar Kamat R/O Village- Bairo, Tola- Brahmpur, Bhagwati, P.S. And District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Supaul P.S. Case No. 526 of 2022 registered for the offence under Sections 302, 447, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution story, it is alleged by the informant that the petitioners along with 6-7 unknown persons came at the door of Manij Sharma and started abusing. It is further alleged that one Rohit Singh opened fire upon the neck of the informant's mother namely, Somni Devi thereafter she was brought to hospital where she was declared as died.

Patna High Court CR. MISC. No.59737 of 2022(3) dt.07-02-2023 2/2 Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. There is no specific overt-act against these petitioner rather the specific allegation of opening fire upon the informant's mother is against co-accused Rohit Singh. General and omnibus allegation is leveled against these petitioner. A statement has been made in para-3 of the petition that the petitioners have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since more than ten months.

Learned APP appearing for the state has 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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Supaul P.S. Case No. 526 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul. (Sunil Kumar Panwar, J) amandeep/- U T