Atul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3883 of 2024 Arising Out of PS. Case No.-7 Year-2023 Thana- MANPUR District- Nalanda ====================================================== Atul Singh Son Of Late Vinay Singh R/O Village- Allaudiya Sarai, P.S.- Manpur, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanju Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP For the Informant :

Mr. Ramakant Sharma, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant and perused the case diary.

2.

The petitioner seeks bail in connection with Manpur P.S. Case No. 07 of 2023 instituted for the offence under Sections 341, 447, 302, 307, 504 & 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in short is that accused persons including the petitioner have fired indiscriminately upon the informant and his family members and as a result of which son of the informant died on the spot.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21-02-2023. Petitioner

Patna High Court CR. MISC. No.3883 of 2024(4) dt.08-05-2024 2/3 bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is general and omnibus allegation levelled against the petitioner. There is no specific allegation against the petitioner. Specific allegation of fire arm is against co-accused, Sanjay Singh, Soni Singh and Sushant Singh. It is submitted that though petitioner is named in the FIR, but no incriminating article has been recovered from the possession of the petitioner. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that petitioner bears criminal antecedent, which fact finds mention in paragraph No. 21 of the case diary.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no direct allegation against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on

Patna High Court CR. MISC. No.3883 of 2024(4) dt.08-05-2024 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manpur P.S. Case No. 07 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/-s U T