Patna High CourtCR. MISC./76920/2023bail granted

Saheb Singh v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76920 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== Saheb Singh Son Of Rajkumar Singh R/O Of Village- Kuari Madan, P.S.- Mejorganj, District- Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Majorganj P.S. case No. 84 of 2023 instituted for the offences under Sections 302, 201, 120(B) and 34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that on secret information, the police received information that co-accused namely Kanhai Singh fired from his pistol to one Anmol Raj due to which he sustained gun shot injury and later succumbed to the injury. Allegation is that the petitioner is also involved in this case.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.07.2023 and has two

Patna High Court CR. MISC. No.76920 of 2023(2) dt.04-12-2023 2/2 criminal antecedents. The petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. No specific allegation of overt is alleged against the petitioner. Specific allegation of assault is alleged against co-accused Kanhai Singh.

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

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Majorganj P.S. case No. 84 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T