Sharwan Kumar Singh @ Sharwan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83271 of 2023 Arising Out of PS. Case No.-181 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== Sharwan Kumar Singh @ Sharwan Kumar Son Of Ram Sagar Singh R/O Village - Nishihara Tole Prana, Post Nishihara, P.S.- Biraul, DistrictDarbhanga ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Awadhesh Kumar Singh Tarun For the Opposite Party/s :
Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The petitioner seeks regular bail in connection with Biraul P.S. Case No. 181 of 2022, registered for the offence punishable under Sections 302, 120 (B), 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per F.I.R., allegation against the petitioner is of shot fired on informant husband due to which he died.
4. Learned counsel for the petitioner submits that there is no eye-witness of the present case only on the suspicion petitioner is made accused in the present case.
5. Learned APP for the State as well as learned counsel for the opposite party no. 2 opposed the bail application
Patna High Court CR. MISC. No.83271 of 2023(2) dt.08-01-2024 2/2 and submits that there is direct and specific allegation on the petitioner of firing, and case diary also supports the prosecution case which is mentioned in impugned order.
6. Considering the submission of the parties and also there is direct allegation upon petitioner firing upon informant husband, I am not inclined to grant anticipatory bail.
7. Hence, his prayer for anticipatory bail of the petitioner stands rejected.
8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.
(Anjani Kumar Sharan, J) Ranjeet/- U T