Sushil Kumar Singh @ Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3717 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Sushil Kumar Singh @ Modi S/O Murari Singh Village- Dadhapa, Ps. Deo, Dist. Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the State :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sherghati (Dobhi) P.S. Case No. 227 of 2023 instituted for the offence under Sections 387, 386, 427, 379 & 34 of the Indian Penal Code and 27 of the Arms Act.

3.

Prosecution case in short is that on 01-08-2023, while the informant and his 3-4 friends were busy in construction work, all the accused persons armed with explosive articles came and demanded Rs. 20 lakhs and fired 8-10 gunshots and also damaged the construction work by the JCB machine. It is further alleged that the accused persons also snatched cash of Rs. 2 lakhs and fled away.

Patna High Court CR. MISC. No.3717 of 2024(2) dt.30-01-2024 2/2 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-07-2023. Petitioner bears four 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 no specific allegation attributed to the petitioner. Other co-accused has also been granted bail by Co-ordinate Bench of this Court vide order dated 06-12-2023, passed in Cr. Misc. No. 77355 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on 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 Sherghati (Dobhi) P.S. Case No. 227 of 2023.

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