Abhishek Singh @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74899 of 2023 Arising Out of PS. Case No.-150 Year-2022 Thana- KORANSARAI District- Buxar ====================================================== Abhishek Singh @ Chhotu Son Of Shri Kawal Singh Resident Of Village - Basgitiya, P.S. - Koran Sarai, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Arvind Kumar Pradhan, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Koran Sarai P.S. Case No. 150 of 2022 instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The allegation against the petitioner is to commit murder of the uncle of the informant along with other 9 named co-accused persons and 4-5 unknown co-accused persons, who were equipped with deadly weapons and firearms, where occurrence arises out of long standing land disputes. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-08-2023, and have no

Patna High Court CR. MISC. No.74899 of 2023(2) dt.02-12-2023 2/3 criminal antecedents.

5.

It has been further submitted by the petitioner's counsel there is subsisting land dispute between the informant and one co-accused, namely, 'Gaya Singh'. There is no specific allegation against the petitioner. There is no eye witness to the occurrence and petitioner has been made accused in this case due to dirty village politics. Other co-accused persons have been allowed bail by Co-ordinate Bench of this Court Cr. Misc. No. 25649 of 2023 and Cr. Misc. No. 37004 of 2023. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Koran Sarai P.S. Case No. 150 of 2022 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.74899 of 2023(2) dt.02-12-2023 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T