Arun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8123 of 2019 Arising Out of PS. Case No.-26 Year-2018 Thana- SAMHO District- Begusarai ====================================================== ARUN SINGH Son of Late Ramdeo Singh Resident of Village- Bijulia, P.S.- Samho, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Amit Kumar Rakesh For the Informant :

Ms. Sagarika ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-04-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Samho P.S.Case No.26 of 2018 dated 4.7.2018 registered for offences punishable under Sections 447, 385, 387, 34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner and other accused persons is that one co-accused Ranjeet Singh demanded Rs.05 lac a for ploughing the field and when he refused, the petitioner and other accused persons came and started indiscriminate firing, causing injury to Pushpak Kumar, who is a Driver of the Tractor and thereafter leaving the motorcycle they fled away. Submission of the learned counsel for the petitioner is that there is land dispute between the parties and with respect to

Patna High Court CR. MISC. No.8123 of 2019(3) dt.22-04-2019 2/2 that proceeding under Section 107 of the Cr.P.C. is going on in the court of the Sub-divisional Magistrate, there is no specific allegation of assault against the petitioner and the injuries are simple in nature.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that two fire arm injuries were found on the person of Pushpak Kumar and the motorcycle of the accused persons was also apprehended by the villagers. .

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court and if possible to be disposed of on the same day.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T