Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16461 of 2016 Arising Out of PS.Case No. -138 Year- 2015 Thana -PARSABAZAR District- PATNA ====================================================== Shiv Kumar, S/o Devendra Singh R/O Village- Dhibra, P.S.- Parsa Bazar, District-Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Durga Narayan, Advocate For the Opposite Party : Mr. Amit Kr.Rakesh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Parsa Bazar P.S. Case No. 138 of 2015 for the offences instituted under Sections 324, 336, 307, 120(B) of the Indian Penal Code.

The prosecution story in brief, is that on 20.08.2015 one Kapli Kumar gave his fardbeyan before the Parsa Bazar P.S. that on 12.08.2015 in the morning his villager namely Sonu Singh engaged the informant as daily labour for harvesting the filed of Ghongal Singh by his tractor. It has been further stated that Sonu Singh told the tractor driver to move tractor with intention to kill the informant and when the driver moved the tractor as a result of

Patna High Court Cr.Misc. No.16461 of 2016 (5) dt.02-08-2016 2/2 which left hand of the informant was cut and separated from his body. It is further alleged that Sonu Singh and other unknown persons committed this occurrence with intention to kill the informant.

It has been submitted on behalf of the petitioner that petitioner is in custody since 25.01.2016. Charge sheet has been submitted in the present case. There is no criminal antecedent against the petitioner. There is no allegation of tampering of the witnesses against the petitioner. The petitioner is said to be driver of the tractor and due to accident the informant sustained injury on his arm. Petitioner had no intention to cause injury to the informant.

On behalf of the State it has been submitted that the petitioner committed the offence on the direction of one Sonu Singh and due to petitioner, informant has lost his one arm. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected in Parsa Bazar P.S. Case No. 138 of 2015, pending in the court of learned C.J.M., Patna. Rajiv/- (Sudhir Singh, J.) U T