Patna High CourtCR. MISC./7576/2023rejected

Shiva Singh v. The State Of Bihar

2023-08-29Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7576 of 2023 Arising Out of PS. Case No.-438 Year-2021 Thana- MANJHI District- Saran ====================================================== Shiva Singh Son of Anant Singh Resident of Village - Badka Baijutola, P.S.- Rivilganj, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 17.01.2022, in connection with Manjhi P.S. Case No. 438 of 2021, F.I.R. dated 07.12.2021 registered for the offences punishable under Sections 341, 307/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 25(1-b) a, 26, 35 of the Arms Act.

3. Allegation against the petitioner is that he has fired upon the victim and arms have also been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the allegation as

Patna High Court CR. MISC. No.7576 of 2023(4) dt.29-08-2023 2/2 alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner has fired upon the victim and arms have also been recovered from the possession of the petitioner and apart from the aforesaid the petitioner caries only 37 more cases other than the present one.

6. Considering the aforesaid facts and circumstances of the case and the criminal antecedents of the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Manjhi P.S. Case No. 438 of 2021 pending in the Court of learned 7th Additional Sessions Judge, Saran at Chapra.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T