Raju Singh @ Raju Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83519 of 2024 Arising Out of PS. Case No.-194 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== Raju Singh @ Raju Kumar Singh S/O Sambhu Singh Resident of villageJamua, Ward No 1, PS- Bairgania, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate Mr. Dwij Raj, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2025 Heard learned Senior Counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 307 of the IPC and section 27 of the Arms Act and subsequently, section 302 IPC was added. 3.

Allegedly, the husband of the informant proceeded to participate in farewell ceremony of B.D.O., Mejorganj in a vehicle driven by the co-accused and returned in injured condition. He disclosed the cause of injury due to crackers but thereafter, his condition deteriorated and he was admitted in the hospital and during operation, a pellet was found in his abdomen. In course of treatment, he died and the informant

Patna High Court CR. MISC. No.83519 of 2024(3) dt.07-03-2025 2/3 lodged the F.I.R., stating to inquire about the entire occurrence from the petitioner, who was accompanying the deceased. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the deceased, when was in injured condition, has not disclosed the name of petitioner nor he has alleged of any fire arm injury to have been caused by the petitioner. It is further submitted that similarly situated co-accused has been granted bail by this Court vide order dated 14.11.2024 passed in Cr. Misc. No.54474 of 2024. Further, the petitioner has one criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioner to fire upon the deceased, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.83519 of 2024(3) dt.07-03-2025 3/3 satisfaction of the learned court below where the case is pending/Successor Court in connection with Bairginiya P.S. Case No.194 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U