Madhu Singh @ Madhurendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72376 of 2023 Arising Out of PS. Case No.-124 Year-2022 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== MADHU SINGH @ MADHURENDRA SINGH S/o- KAUSHAL KISHOR SINGH Village- Ejorbara Anjor Bara Ps- Phenhara Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akhileshwar Dayal ====================================================== 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 302, 120B of the IPC and Section 27 of the Arms Act.

3. The allegation against the petitioner along with others is of indiscriminately firing upon the brother of the informant leading to his death.

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. During investigation, the name of the petitioner has come into light on the basis of confessional statement of co-

Patna High Court CR. MISC. No.72376 of 2023(2) dt.09-11-2023 2/2 accused Umesh Singh, which has got no evidentiary value in the eyes of law. There is general and omnibus allegation against the petitioner rather the specific allegation of firing is against coaccused Nitesh Kumar Singh @ Chhotu. There is no specific overt act of firing against the petitioner. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 26.06.2023 passed in Cr. Misc. No. 33879 of 2023. He is languishing in judicial custody since 03.06.2023.

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 A.C.J.M.-1, Sheohar in connection with Shyampur Bhathan P.S. Case No. 124 of 2022. (Sunil Kumar Panwar, J) Arish/- U T