Prince Kumar Singh @ Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66723 of 2023 Arising Out of PS. Case No.-154 Year-2023 Thana- JALALPUR District- Saran ====================================================== Pawan Kumar Singh S/O- Vijay Kumar Singh @ Vijay Singh VillageBaluwan Ps- Jalalpur Dist- Saran At Chapra ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 68811 of 2023 Arising Out of PS. Case No.-154 Year-2023 Thana- JALALPUR District- Saran ====================================================== 1.

Prince Kumar Singh @ Prince Kumar S/o Bijendra Singh @ Bhajpa Singh R/o Village - Balua, P.O. - Puchhri, P.S. - Jalalpur 2.

Mohit Kumar Singh S/o Late Rajnath Singh R/o Village - Balua, P.O. - Puchhri, P.S. - Jalalpur 3.

Rishu Kumar S/o Devendra Singh R/o Village - Balua, P.O. - Puchhri, P.S. - Jalalpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 66723 of 2023) For the Petitioner/s :

Mr.Satyendra Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar (In CRIMINAL MISCELLANEOUS No. 68811 of 2023) For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh For the informant :

Mr. Shams Akhtar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application

2/4 for grant of regular bail in a case registered for the offences punishable under Sections 342, 147, 148, 149, 302/34 of the Indian Penal Code.

As per allegation in the FIR, the husband of the informant who had been working as Munshi of one Md. Adil @ Bacchu Miya in his factory, dealing with bones, did not return after his work and later on the informant came to know that her husband was brutally assaulted and killed by anti social elements when his vehicle broke down. At the instance of one Md. Shafaqat, who was with the husband of the informant, the informant named six persons in the F.I.R., apart from 25-30 unknown persons for being involved in the said occurrence of killing of her husband. The name of the petitioners transpired during investigation as persons who were also involved in the offence.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been

3/4 implicated in the present case. Petitioners are not named in the F.I.R. and their name sprang up during investigation of the case. They have no concern with the alleged occurrence and only to create communal violence they have been implicated in the present case with false and concocted allegations. Moreover, the petitioners are languishing in judicial custody since 30.06.2023. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Similarly situated co-accused persons Rohit Kumar and Vishal Kumar @ Vivek Singh @ Vikki Singh has been granted bail vide order dated 08.11.2023 and 01.12.2023 respectively by co-ordinate Bench of this Court as well as by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

4/4 this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Jalalpur P.S. Case No. 154 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIII, Saran, Chapra.

(Sunil Kumar Panwar, J) nirajkrs/- U