Dhrup Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74272 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- JAMOBAZAR District- Siwan ====================================================== 1.

Dhrup Singh S/O Late Baccha Singh R/V- Sultanpur Khurd, P.S.- Jamo Bazar, District- Siwan 2.

Ritik Kumar S/O Umesh Singh R/V- Pinarthu Kala, P.S.- Daraunda, DistrictSiwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Giri For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that two motorcycle borne criminals came to the house of informant and started indiscriminate firing upon his uncle who was sitting outside the house. Informant took him

Patna High Court CR. MISC. No.74272 of 2022(2) dt.23-03-2023 2/3 for treatment at Sadar Hospital where doctor referred him to Patna but on the way to hospital he succumbed to injuries.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. Petitioners are not named in F.I.R. Their name sprang up on the confessional statement on co-accused Santosh Singh. There is no material evidence and no specific allegation against the petitioners. They have falsely been implicated in the present case. Moreover, the petitioners are languishing in judicial custody since 18.07.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Similarly situated two coaccused persons have been granted bail vide order dated 20.02.2023 and 24.02.2023, passed in Cr. Misc. No. 42514 of 2022 and 59657 of 2022 respectively by this Court.

Learned APP appearing for the State and

Patna High Court CR. MISC. No.74272 of 2022(2) dt.23-03-2023 3/3 learned counsel for the informant have 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, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Jamo Bazar P.S. Case No. 06 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned VIIth Additional District & Sessions Judge, Siwan.

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