Ram Vinay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5939 of 2024 Arising Out of PS. Case No.-586 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== Ram Vinay Singh S/O Madan Singh R/O Village- Jatiyahi, P.S- Raxaul, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in a case registered for the offence punishable under Sections 341, 323, 307, 120(B), 326, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act which was earlier dismissed as withdrawn by this Court vide order dated 8.11.2023 passed in Cr. Misc. No. 66122 of 2023 with a direction to the trial court to expedite and conclude the trial at the earliest.

3. As per prosecution case, on the alleged date of occurrence, while the reception was going on on the occasion of informants' nephew marriage, the petitioner came there by his Tata Safari vehicle in drunken position and started abusing to

Patna High Court CR. MISC. No.5939 of 2024(3) dt.23-02-2024 2/3 children, who were dancing at the tune of music. He started to search informant's brother-in-law (sala) Deepak Singh @ Arun Singh. Informant tried to keep calm the petitioner but he slapped the informant and took out his pistol and started firing on informant's sala which hit his head, another fire hit to Subham Kumar in his abdomen.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to previous enmity and dirty village politics. The allegation levelled against the petitioner is false and concocted. It is submitted in para 15 of the petition as well as in para 2 of supplementary affidavit that during trial, informant, injured persons, namely, Shubham Kumar and Deepak Kumar were examined and they have not supported the prosecution case. It is further submitted that the injury of Shubham Kumar is said to be simple and he has stated in his cross examination that he has not seen whose fire hit him and injured Deepak Kumar has received grievous gun shot injury caused by co-accused Nitesh Dubey. Petitioner is languishing in judicial custody since 11.08.2023.

5. The application for bail is opposed by learned APP

Patna High Court CR. MISC. No.5939 of 2024(3) dt.23-02-2024 3/3 for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-2, East Champaran, Motihari in connection with Raxaul P.S. Case No. 586 of 2022.

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