Arvind Singh @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69782 of 2022 Arising Out of PS. Case No.-195 Year-2021 Thana- SARAI District- Vaishali ====================================================== ARVIND SINGH @ ARVIND KUMAR Son of Laldeo Prasad Singh @ Laldeo Singh Resident of Village- Methura, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120(B), 394, 384 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the informant alleged that Dharmendra Singh and his petitioner took away her husband asking him to get their motorcycle repaired. It is further alleged that on the husband of the informant going with them, four other accused persons including the petitioner herein started to abuse and beat up her husband and started forcing him to sign on a blank paper. Thereafter, it is stated that co-accused Dharmendra Singh fired from a pistol hitting the informant's husband in his

Patna High Court CR. MISC. No.69782 of 2022(2) dt.28-02-2023 2/3 hand and neck as a result of which he died on spot. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR, it is apparent that the specific allegation is against co-accused Dharmendra Singh who shot fire by his pistol upon the husband of the informant due to which he died. There is no specific overt-act against the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated co-accused namely, Lal Dev Rai has already been granted Bail by a co-ordinate Bench of this Court vide order dated 27.4.2022 passed in Cr. Misc. No. 66074 of 2021. It is further submitted that the petitioner is languishing in judicial custody since 21.11.2021. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sarai P.S. Case No. 195 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.69782 of 2022(2) dt.28-02-2023 3/3 each to the satisfaction of learned Additional Sessions Judge-V, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) shubham/- U T