Kanchan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3224 of 2024 Arising Out of PS. Case No.-47 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== Kanchan Singh S/o - Ramrath Singh R/o Vill.- Kapiya Nijamat, P.S.- Maharajganj,Dist.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vyas Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Manjhagarh P.S. case No. 47 of 2023 instituted for the offences under Sections 307, 385, 387, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that five miscreants boarded on two motorcycles came and entered the shop of the informant and fired on the informant which hit his brother, Gauri Shankar. The reason behind the said occurrence is stated to be demand of ransom.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.06.2023 and has four criminal antecedents and he is on bail in all the cases. The petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.3224 of 2024(2) dt.29-01-2024 2/2 present case only on the basis of confessional statement of the co-accused, Amit Thakur. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Petitioner has not been put on T.I.P. The coaccused person has already been granted bail by the co-ordinate Bench of this Court vide order dated 27.07.2023 passed in Cr. Misc. No. 43463 of 2023.

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

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Manjhagarh P.S. case No. 47 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T