Sudesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69300 of 2022 Arising Out of PS. Case No.-158 Year-2021 Thana- SARSI District- Purnia ====================================================== SUDESH SINGH S/O DINESH SINGH Resident of village and P.S.- Sarsi, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Tiwary For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner along with another is of killing the husband of the informant. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that there is no specific overt act of firing upon the deceased against this petitioner, he was only an order giver. There is direct allegation of firing is against co-accused Ashish Singh @ Athiya. Nothing incriminating article has been recovered from the possession of

Patna High Court CR. MISC. No.69300 of 2022(3) dt.21-04-2023 2/2 the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail application. He is languishing in judicial custody since 09.12.2021.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. 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 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 Sessions Judge-II, Purnia in connection with Sarsi P.S. Case No. 158 of 2021.

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