The High Court of Patna rejected the prayer for regular bail filed by Sangram Singh in a case involving fatal affray and murder, holding that the court was not inclined to enlarge the petitioner on bail given the nature of the allegations and witness support for the prosecution version.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16074 of 2023
Arising Out of PS. Case No.-196 Year-2022 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
Sangram Singh S/O Shivjee Singh R/O Village- Manjhariya, P.S- Buxar (Industry), District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anand Kumar Ojha For the Opposite Party/s : Mr.Md. Anbzarul Haque Sahara ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
5 06-09-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in connection with Buxar(Industry) P.S. Case. No. 196 of 2022 instituted for the offence under Sections 147, 148, 149, 341, 325, 307, 302, 504 and 506 of the Indian Penal Code and Sections 27 of the Arms Act.
Allegation against the petitioner along with other co-accused persons is that they started indiscriminate firing upon the informant along with Dharmendra Singh, Saroj Singh and Ajay Singh due to which they sustained firearm injury and informant’s brother Dharmendra Singh died during
Patna High Court CR. MISC. No.16074 of 2023(5) dt.06-09-2023 2/3
the course of treatment.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case due to village politics. It is further submitted that the petitioner is only alleged as a member of mob and no specific overt act has been alleged against him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 18.10.2022.
Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that the petitioner is named in FIR and he opened fire along with other co-accused persons upon the informant’s brother due to which he died and during investigation, witness supported the prosecution version. The doctor opined that the cause of death of the deceased is due to firearm injury.
Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
The trial court is directed to expedite the trial and conclude the same within the stipulated period which is
Patna High Court CR. MISC. No.16074 of 2023(5) dt.06-09-2023 3/3
mentioned in its report dt. 21.08.2023.
(Sunil Kumar Panwar, J)
Shubham/- U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in connection with offences under Sections 147, 148, 149, 341, 325, 307, 302, 504, 506 IPC and Section 27 Arms Act.
Whether the petitioner has been falsely implicated and whether he is merely an alleged member of the mob without specific overt acts.
Sangram Singh
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
