Sachin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1302 of 2023 Arising Out of PS. Case No.-281 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== Sachin Singh Son Of Dhrup Singh R/O Village- Bhataha Tirkauliya, P.S.- Sugauli, District- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 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 341, 323, 307, 504/34 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that while the informant was sitting at his door, petitioner along with other co-accused persons came and started threatening the informant. Co-accused Manish Patel and Pappu Singh fired upon the informant on the order of

Patna High Court CR. MISC. No.1302 of 2023(2) dt.28-03-2023 2/3 Abhimanyu Singh.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no specific allegation against the petitioner rather the specific allegation of firing is levelled upon co-accused Manish Patel and Pappu Singh. At best, it can be said that petitioner is non assailant and he is only member of unlawful assembly. Moreover, the petitioner is languishing in judicial custody since 28.02.2022. Similarly situated several co-accused persons have been granted bail by different co-ordinate Benches 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, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.1302 of 2023(2) dt.28-03-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Harsidhi P.S. Case No. 281 of 2021 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., East Champaran, Motihari.

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