Gorakh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70114 of 2023 Arising Out of PS. Case No.-100 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== Gorakh Singh Son Of Late Ravinandan Singh Resident Of Village- Kaup, PsCharpokhari, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 325, 379, 307, 504 of the Indian Penal Code and Section 27 of Arms Act.

3. The prosecution case in nutshell is that while the informant was going to Garhani market, in the meantime, petitioner along with other co-accused persons surrounded and ambushed him. Co-acused Haridwar Singh fired which do not hit anyone and in

Patna High Court CR. MISC. No.70114 of 2023(2) dt.03-11-2023 2/3 collusion with other co-accused persons including the petitioner, assaulted the informant with iron rod due to which he sustained injuries on his right hand and leg. It is further alleged that co-accused Haridwar Singh assaulted the informant with Axe due to which he sustained head injuries.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no specific overt act of allegation levelled against the petitioner rather the allegation of firing and assaulting is levelled against co-accused Haridwar Singh. Nothing incriminating has been recovered from the conscious possession of the petitioner. The allegation levelled against the petitioner is general and omnibus and he is a member of mob. There is case and counter case between the parties and in retaliation of that the name of petitioner has been dragged in this case. Moreover, the petitioner is languishing in judicial custody since

Patna High Court CR. MISC. No.70114 of 2023(2) dt.03-11-2023 3/3 12.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Charpokhari P.S. Case No. 100 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur, Ara. (Sunil Kumar Panwar, J) Nirajkrs/- U T