Shubham Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85058 of 2023 Arising Out of PS. Case No.-335 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== Shubham Singh Son of Vijendra Singh Resident of Village - Bairiya, P.S.- Nabinagar, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 448, 427, 504 and 506 of the Indian Penal Code and Sections 25(1), 27 and 35 of the Arms Act.

3. The allegation against the petitioner along with others is of firing and damaging an Alto Car, which was parked outside the house of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act against him. Petitioner has no concern with the seized articles, only, on the

Patna High Court CR. MISC. No.85058 of 2023(2) dt.15-01-2024 2/2 basis of suspicion and due to his criminal antecedents, petitioner has been implicated in the present case. During investigation, no independent witnesses have been examined and the witnesses examined are interested witnesses. No incriminating article has been recovered either from his conscious possession or from his house. Petitioner has remanded in this case on 20.09.2023 and since then he is languishing in judicial custody.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1, Aurangabad in connection with Nabinagar P.S. Case No. 335 of 2023. (Sunil Kumar Panwar, J) Arish/- U T