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Patna High CourtCR. MISC./72859/2022bail granted

Krishna Singh @ Karan Pratap Singh @ K.P. Singh v. The State Of Bihar

2023-04-29Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72859 of 2022 Arising Out of PS. Case No.-55 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== Krishna Singh @ Karan Pratap Singh @ K.P. Singh, Son Of Ram Kumar Singh R/O Village- Nathmalpur, P.S.- Barhara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 29-04-2023 Heard Mr. Shakil Ahmad Khan, learned counsel appearing on behalf of the petitioner and Mr. Satyendra Narayan Singh, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Koilwar P.S. Case No. 55 of 2022, registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code.

It is alleged that 26 named accused persons including the petitioner and 30-35 unknown persons are resorted to indiscriminate firing leading to death of the father of the informant and one other person on the spot.

Submission has been made on behalf of the petitioner that save and except the petitioner being the name lender in the FIR there is no specific allegation, apart from the fact that the

Patna High Court CR. MISC. No.72859 of 2022(2) dt.29-04-2023 2/3 informant is not eye witness to the alleged occurrence. Further submission has been made that the post-mortem report does not corroborate the allegation levelled in the FIR and, moreover, the other co-accused persons having similar allegation have been allowed the privilege of anticipatory bail by learned co-ordinate Bench of this Court in Cr. Misc. No. 66082 of 2022 vide order dated 25.02.2023.

On the other hand, learned counsel for the State opposed the bail application and submits that this is a case of murder of two persons in broad day-light.

Regard being had to the submissions made on behalf of the parties and considering the general and omnibus nature of allegation and the fact that the other accused persons having similar allegation have been allowed the privilege of anticipatory bail by the learned co-ordinate Bench of this Court, coupled with the fair antecedent of the petitioner, let the petitioner be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Kiolwar

Patna High Court CR. MISC. No.72859 of 2022(2) dt.29-04-2023 3/3 P.S. Case No. 55 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C.

(Harish Kumar, J) Anjani/- U T