Coram held that Pappu Singh and Sukhari Singh were to be enlarged on bail in a case involving murder and affray charges, while Sushil Singh's bail was rejected due to a direct allegation of firing.
Bail granted to Pappu Singh and Sukhari Singh via bond and sureties; bail rejected for Sushil Singh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16887 of 2022
Arising Out of PS. Case No.-64 Year-2021 Thana- DINARA District- Rohtas
======================================================
PAPPU SINGH @ SUNIL KUMAR @ SUNIL KUMAR SINGH S/o Mangla Singh Resident of Village - Jigna, P.S. - Dinara, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 18147 of 2022
Arising Out of PS. Case No.-64 Year-2021 Thana- DINARA District- Rohtas
====================================================== SUSHIL SINGH @ SUSHIL KUMAR SINGH Son of Sukhari Singh Resident of Village - Jigna, P.S.- Dinara, Distt.- Rohtas.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 30066 of 2022
Arising Out of PS. Case No.-64 Year-2021 Thana- DINARA District- Rohtas
====================================================== SUKHARI SINGH S/o Baidyanath Singh Resident of Village- Jigna, P.S.Dinara, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 16887 of 2022) For the Petitioner/s : Mr.Durgesh Nandan For the Opposite Party/s : Mr.Tapeshwar Sharma (In CRIMINAL MISCELLANEOUS No. 18147 of 2022) For the Petitioner/s : Mr.Bhaskar Shankar For the Opposite Party/s : Mr.Rina Sinha (In CRIMINAL MISCELLANEOUS No. 30066 of 2022) For the Petitioner/s : Mr.Viveka Nand Singh For the Opposite Party/s : Mr.Pushpa Sinha
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
Patna High Court CR. MISC. No.16887 of 2022(4) dt.01-02-2023 2/3
ORAL ORDER
4 01-02-2023 Heard learned counsel for the petitioners and learned
APP for the State.
The petitioner has prayed for bail in a case instituted for the offence punishable under Sections 147, 148, 149, 448, 302, 504, 506, 341, 323, 337, 338 of the Indian Penal Code and Section 27 of the Arms Act.
As per allegation in the FIR, on 29.03.2021 while the informant was sitting at the dalaan of villager Satyendra Singh, several accused persons came there and started to abuse him. On oppose made by the informant, several accused persons including the petitioners came there variously armed and opened fire as a result of which Satendra Singh succumbed to injuries.
It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Due to village politics, there was free fight and indiscriminate firing from both sides in which members of both sides have received injuries. Allegation against petitioner Pappu Singh is that he fired upon Vijay Kumar, who received injury upon left shoulder, which is a non-vital organ and doctor disclosed the nature of injury as simple. No specific allegation of firing against petitioner Sukhari Singh rather specific allegation of firing upon the deceased is against petitioner Sushil Singh. Petitioners are
Patna High Court CR. MISC. No.16887 of 2022(4) dt.01-02-2023 3/3
languishing in judicial custody for more than a year.
The application for bail is opposed by learned APP for the State and submitted that specific allegation of firing is against petitioner Sushil Singh.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner Sukhari Singh and Pappu Siongh on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Sasaram, Rohtas in connection with Dinara P.S. Case No. 64 of 2021.
So far as petitioner Sushil Singh is concerned, there is direct allegation of firing against him, I am not inclined to grant bail to him and, as such, his prayer for bail stands rejected.
(Sunil Kumar Panwar, J)
sushma/-
U
2 issues framed by the court
Whether bail should be granted to petitioners accused of offences under Sections 302 IPC and related charges.
Whether the direct allegation of firing against petitioner Sushil Singh precludes him from being released on bail.
Pappu Singh @ Sunil Kumar @ Sunil Kumar Singh
Sushil Singh @ Sushil Kumar Singh
Sukhari 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
