Shyam Bihari Singh @ Shyam Bihari Yadav @ Shyam Bihari @ Shyam Bihari Sing v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68949 of 2022 Arising Out of PS. Case No.-164 Year-2022 Thana- CHANDI District- Bhojpur ====================================================== SHYAM BIHARI SINGH @ SHYAM BIHARI YADAV @ SHYAM BIHARI @ SHYAM BIHARI SING S/o Inderdeo Singh R/v- Jokata, P.S.- Chandi, District- Bhojpur at Ara ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Chandi P.S. Case No. 164 of 2022, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and under section 27 of the Arms Act. As per allegation, at the order of petitioner, his son, co-accused Lallu yadav fired shot at the chest of deceased Ganga Dyal Singh.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Only allegation against him is that he is the order giver. There is no specific allegation of opening fire against the

Patna High Court CR. MISC. No.68949 of 2022(3) dt.17-04-2023 2/2 petitioner.

On the other hand, the learned counsel for the informant, by producing certified copies of four witnesses examined during course of trial, has submitted that all these witnesses have stated that the present petitioner exhorted his son, who fired shot at the chest of the deceased. Considering the evidences emerged during investigation as well as during trial, I do not think it to be a fit case for bail. Accordingly, it is rejected.

The learned trial court is directed to conclude the trial as soon as possible, preferably within a period of nine months. (Nawneet Kumar Pandey, J) Kundan/Nirmal U T