Chikku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74558 of 2022 Arising Out of PS. Case No.-128 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== Chikku Singh Son Of Atardeo Singh R/O Village- Nayagown Sathkhutti, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Parbatta P.S. case No. 128 of 2022 instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, on the alleged date of occurrence when the informant was giving wages to his labourers at that time six persons on three motorcycles arrived and tried to drag informant's brother. Thereafter, this petitioner fired bullet on the head of the informant's brother and other two accused persons also fired at his chest due to which he died. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. There is admitted dispute in respect of land is going on between the

Patna High Court CR. MISC. No.74558 of 2022(4) dt.22-06-2023 2/2 parties due to which this petitioner has falsely been implicated in the present case. It is further submitted that the petitioner voluntarily surrendered on 2.8.2022 and since then, he is languishing in judicial custody.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that from perusal of prosecution case, there is direct and specific overt act against this petitioner who fired upon the person of the deceased due to which he died. Further, the postmortem report of the deceased corroborates the prosecution case in which doctor opined that the cause of death is due to firearm. It is further submitted the witness of this case supported the prosecution. Having heard the learned counsel for the parties and considering the fact that there is direct allegation against this petitioner, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

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