Sitaram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85980 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- MORKAHI District- Khagaria ====================================================== Sitaram Singh Son of Late Awadh Singh Resident of village- Gharari Rasounk PS- Morkahi District -Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and subsequently added Section 120(b) of the Indian Penal Code and Section 27 (1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that the brother of the informant, namely, Shambhu Kumar (deceased) had gone for measuring the land. After measuring the land, Shambhu Kumar and Dinesh Rajak were returning on his bike. It is further alleged that as soon as they reached near Sonmankhi Sabalpur road at about 6:00 A.M., two miscreants on a motorcycle intercepted them and fired upon Sambhu Kumar due to which

Patna High Court CR. MISC. No.85980 of 2024(4) dt.17-01-2025 2/3 he sustained bullet injury on his chest. He was rushed to Sadar Hospital, Khagaria where he died during treatment. Accordingly the FIR has been lodged against unknown miscreants.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that during the course of investigation, the informant has given his re-statement twice. In his second re-statement, informant has stated that this petitioner has also involved in the conspiracy. The son of the deceased has also stated that this petitioner has also involved in the conspiracy. It is further submitted that from the statement of the informant and his son, it appears that the petitioner was involved only in the conspiracy but no specific role has been assigned to him. Moreover, the petitioner is languishing in judicial custody since 04.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Morkahi P.S. Case No. 74 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.85980 of 2024(4) dt.17-01-2025 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria.

(Ashok Kumar Pandey, J) Jagdish/- U T