Ramdeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25828 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -KACHHAWA District- SASARAM (ROHTAS) ======================================================

1. Ramdeo Singh S/o Late Ramdahin Singh resident of village- Bhedhia, P.S. Kachhawa, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Jagdhar Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-08-2015 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel appearing for the informant.

Petitioner is said to have opened fire, causing firearm injury on right index finger and nose of the informant. The doctor has found both the said injuries grievous in nature, said to be caused by fire-arms.

The submission on behalf of the petitioner is that the alleged occurrence took place as the informant wanted forcible possession on the land of the petitioner and prior to the alleged occurrence, a title suit bearing T.S. No. 95 of 1982/139 of 1989

Patna High Court Cr.Misc. No.25828 of 2015 (3) dt.07-08-2015 2/3 was fought between the parties and, the said suit was decreed in favour of the petitioner. It is further contended on behalf of the petitioner that the informant and his associates were cutting the branches of trees, situated on the plots of the petitioner and when the petitioner forbade, they badly assaulted the petitioner and others and in that course, they also made firing. It is contended that the informant of the present case might have received injury due to the above-said firing.

It is further contended on behalf of the petitioner that so far criminal antecedent of the petitioner is concerned; prior to institution of the present case, two cases were lodged against him and in one case, he was acquitted whereas; in another case, he was convicted for the offence punishable under Sections-147, 323 & 341 of the Indian Penal Code but he was released on due admonition u/S 3 of Probation of Offenders Act. It is also pointed out on behalf of the petitioner that both the above cases were lodged either by the informant or by his henchman. Considering the aforesaid facts and circumstances as well as submission of the parties and also taking note of this fact that the petitioner also sustained injury in the alleged occurrence, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.25828 of 2015 (3) dt.07-08-2015 3/3 sureties of the like amount each in connection with Kachhawa P.S. Case No. 08 of 2015 to the satisfaction of Chief Judicial Magistrate, Sasaram.

(Hemant Kumar Srivastava, J) A.K.V./- U T