Sujeet Kumar Singh @ Sujit Kumar Singh @ Sujeet Kumar @ Sujeet Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72301 of 2023 Arising Out of PS. Case No.-454 Year-2021 Thana- PHULWARIYA District- Gopalganj ====================================================== Sujeet Kumar Singh @ Sujit Kumar Singh @ Sujeet Kumar @ Sujeet Singh Son Of Satyadeo Singh @ Satdev Singh R/O Vill - Murera (Muera), P.S. - Hathua, Distt. - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lokesh Kumar Singh For the Opposite Party/s :
Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioner along with others is of firing upon the informant and his driver, due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light on the basis of confessional statement of co-accused, which has got no
Patna High Court CR. MISC. No.72301 of 2023(2) dt.09-11-2023 2/2 evidentiary value in the eyes of law. There is no specific overt act of firing against the petitioner. There is no eye-witness of the alleged occurrence, only, on the basis of suspicion and due to his criminal antecedents, the petitioner has been made accused in this case by the police. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 13.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateXVI, Gopalganj in connection with Phulwariya P.S. Case No. 454 of 2021.
(Sunil Kumar Panwar, J) Arish/- U T