Jhapta Singh @ Jhaaptu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74199 of 2024 Arising Out of PS. Case No.-166 Year-2024 Thana- ALAMNAGAR District- Madhepura ====================================================== Jhapta singh @ Jhaaptu singh Son of Late Ramotar Singh Resident of VillageKhapur, p.S.- Alamnagar (Ratwara O.P.), Distt.- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Alamnagar (Ratwara O.P.) P.S. Case No. 166 of 2024 instituted for the offences under Sections 302, 120B of the Indian Penal Code and 27 of the Arms Act
3. Accusation against the accused persons including the petitioner is of committing murder of the informant's brother.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.74199 of 2024(3) dt.10-01-2025 2/3 Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. There is no specific allegation against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.05.2024 and has five criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that there is specific allegation against the petitioner of firing upon the deceased due to which he sustained bullet injuries and died on the spot which is further corroborated by the post-mortem report. Learned APP, therefore, prays that the petitioner may not be released on bail. The prayer for grant of bail of co-accused person has already been rejected by this Court vide order dated 04.12.2024 passed in Cr. Misc. No. 69952 of 2024.
6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence and also there being specific allegation against the petitioner of firing upon the deceased, this Court is not inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.74199 of 2024(3) dt.10-01-2025 3/3
7. Accordingly, the prayer of grant of bail to the petitioner is rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T