Sudhakar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.335 of 2024 Arising Out of PS. Case No.-388 Year-2022 Thana- KOCHAS District- Rohtas ====================================================== Sudhakar Singh son of Brikesh Singh @ BRAJESH SINGH VILLAGE CHAWARI PS KOCHAS, DISTRICT, ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 341, 323,504, 506, 34 of the Indian Penal Code and Section 27 of Arms Act and later on added section 302 of the IPC.

3. The prosecution case, in brief, is that on 29.11.2022, due to old dispute some altercation took place between the informant and the accused persons. In the meantime, co-accused Shiv Ji Singh opened fire as a result of which nephew of the informant Abhishek Kumar sustained injury and died during course of treatment. The informant also sustained injury in the alleged incident.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.335 of 2024(2) dt.12-01-2024 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR, the specific allegation of firing is against co-accused Shivji Singh due to which nephew of the informant succumbed to injury. General and omnibus allegation leveled against this petitioner. Other co-accused namely, Mithilesh Singh & Bimlesh Singh have been granted bail by co-ordinate Bench of this Court vide order dt. 11.7.2023 passed in Cr. Misc. No. 12918 of 2023. the petitioner is languishing in judicial custody since 7.3.2023.

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

6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kochas P.S. Case No. 388 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Rohtas at Sasaram.

(Sunil Kumar Panwar, J) Amandeep/- U T