Karoo Singh @ Karu Singh @ Subodh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79235 of 2023 Arising Out of PS. Case No.-252 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== KAROO SINGH @ KARU SINGH @ SUBODH SINGH Son of Rajendra Singh Resident of village - Daulatpur, P.S.- Warisaliganj, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Warisliganj P.S. case No. 252 of 2018 instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that the accused persons including the petitioner herein surrounded the brother of the informant and as a result of indiscriminate firing resorted to by the petitioner, the brother of the informant died.

4. Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.79235 of 2023(4) dt.10-04-2024 2/3 the petitioner is innocent and has falsely been implicated in the present case. There is delay in lodging the F.I.R. and the F.I.R. reaching the Court has not at all been explained. Learned counsel for the petitioner submits that during the investigation, witnesses have not disclosed the name of the petitioner. The informant is not an eye witness to the alleged occurrence. The deceased himself was a criminal and the manner of occurrence is other than what has been narrated in the F.I.R.. The allegations are general and omnibus in nature. The petitioner is in custody since 27.02.2023 and has three criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that specific allegation of firing is attributed to the petitioner and as such he does not deserve bail. The bail of similarly situated co-accused has been rejected by a Coordinate Bench of this Court by order dated 11.10.2023 passed in Cr. Misc. No. 46685 of 2023.

6. Considering the aforesaid facts and circumstances of the case, nature of allegation and gravity of offence, this Court is not inclined to grant anticipatory

Patna High Court CR. MISC. No.79235 of 2023(4) dt.10-04-2024 3/3 bail to the petitioner.

7. The prayer is rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T