Tuntun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75334 of 2023 Arising Out of PS. Case No.-52 Year-2000 Thana- LAKHISARAI District- Lakhisarai ====================================================== Tuntun Singh S/O Late Nageshwar Singh Village- Chetan Tola Khutaha, Ps. Barahiya, Dist. Lakhisarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 307, 324 of the Indian Penal Code and Section 27 of Arms Act.

As per allegation in the FIR, informant, being a police official, received an information about exchange of firing between two groups. Thereafter, police reached there and apprehended three persons. Apprehended coaccused persons disclosed the name of petitioner and

Patna High Court CR. MISC. No.75334 of 2023(2) dt.29-11-2023 2/3 other co-accused persons as the persons who fled away from the place of occurrence.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no specific overt act of allegation levelled against the petitioner. Moreover, the petitioner is languishing in judicial custody since 2.7.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, namely, Birju Singh has been granted bail passed in Cr. Misc. No. 69753 of 2023 by the co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.75334 of 2023(2) dt.29-11-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Lakhisarai P.S. Case No. 52 of 2000 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai. (Sunil Kumar Panwar, J) Nirajkrs/- U T