Shrawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1814 of 2025 Arising Out of PS. Case No.-181 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== Shrawan Kumar Singh Son of Sri Ram Sagar Singh Resident of VillageNisihara Tola Parna, P.S.- Biraul, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mrs. Vaishnavi Singh, Adv For the Opposite Party/s :

Mr. Lalan Kumar, APP.

Mr. Afham Akhtar, Adv.

Mr. Ali Muqtadir Ahmad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offences punishable u/s 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the petitioner is that he along with other co-accused persons surrounded the dinning table where the informant's husband was taking meal and fired upon her husband due to which he died on the spot.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely

Patna High Court CR. MISC. No.1814 of 2025(2) dt.14-02-2025 2/3 been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Though as per the FIR, there is specific allegation against the petitioner to fire upon the informant's husband due to which he died on the spot, but during investigation several independent witnesses have not supported the prosecution case and disclosed that co-accused Rajesh Kumar, who has already been granted anticipatory bail, opened fire upon the informant's husband which led to his death. Learned counsel further submits that there is no specific overt act against the petitioner and he has been languishing in jail since 17.10.2024. He has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail submitting that there is direct allegation against the petitioner to open fire upon the husband of the informant due to which he died on spot.

6. Considering the arguments of the parties as well as the fact that similarly situated co-accused have been granted anticipatory bail by this Court, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of

Patna High Court CR. MISC. No.1814 of 2025(2) dt.14-02-2025 3/3 the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Biraul P.S. Case No.181 of 2022. (Anjani Kumar Sharan, J) divyanshi/- U T