Brij Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78142 of 2023 Arising Out of PS. Case No.-464 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Brij Bihari Singh S/O Jai Narain Singh R/O Village- Olha, P.S- Harsidhi, Distt.- East Champaran.

2.

Awadh Kishore Singh @ Awadh Kishre Singh @ Awadh Singh S/O Jai Narain Singh R/O Village- Olha, P.S- Harsidhi, Distt.- East Champaran. 3.

Pankaj Singh S/O Madan Singh R/O Village- Olha, P.S- Harsidhi, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Harsidhi P.S. Case No. 464 of 2023 registered under sections 341, 323, 307, 302, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against three co-accused persons, namely, Durgesh Singh, Akash Singh and Madan Singh is that they opened fire upon the informant's husband on the order of

Patna High Court CR. MISC. No.78142 of 2023(3) dt.02-01-2024 2/3 the petitioner No.1 due to which the informant's husband died on spot.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. No any allegation of firing against the petitioners rather co-accused persons have fired upon the informant's husband due to which he died. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, the petitioner No.1 and 2 are languishing in judicial custody since 01.08.2023 and the petitioner No.3 is in custody since 22.07.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Harsidhi P.S. Case No. 464 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.

Patna High Court CR. MISC. No.78142 of 2023(3) dt.02-01-2024 3/3 1st Class, East Champaran, Motihari.

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