Ashok Singh @ Ashok Kumar Singh @ Jhuman Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 64796 of 2023 Arising Out of PS. Case No.-328 Year-2022 Thana- CHENARI District- Rohtas ====================================================== ASHOK SINGH @ ASHOK KUMAR SINGH @ JHUMAN SINGH Son of Late Ram Prasad Singh R/o vill - Saraiya, P.S. - Chenari, Distt. - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable u/s 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. According to the FIR, It is alleged that the petitioner is indulged in hatching conspiracy to kill the informant's son in connivance with other accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is alleged to be member of unlawful assembly but he has no concern with the alleged offence and has falsely been implicated in this case merely on the basis of suspicion. The informant is not an eye witness of the alleged occurrence. From

Patna High Court CR. MISC. No. 64796 of 2023(2) dt.11-10-2023 2/2 perusal of prosecution case, there is no circumstantial evidence has come out against the petitioner to connect his complicity in this alleged occurrence. Similarly situated co-accused has already been granted bail by this Court vide order dated 20.06.2023 passed in Cr. Misc. No. 11890 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 03.11.2022.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chenari P.S. Case No. 328 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Rohtas at Sasaram. (Sunil Kumar Panwar, J) Manishkr/- U T