Shivam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12630 of 2023 Arising Out of PS. Case No.-206 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== Shivam Kumar S/o Ravi Ranjan Kumar @ Ravi Ranjan Sharma R/o VillageGarh Jalalpur, P.S.- Ghosi, Distt- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Ghosi (Okari) P.S. Case No.206 of 2022 registered for the offence under Sections 448, 341, 323, 325, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 24.06.2022.
The allegation against the petitioner is to open fire upon informant and others, causing firearm injury to them,
Patna High Court CR. MISC. No.12630 of 2023(2) dt.25-02-2023 2/3 where occurrence took place due to long standing land disputes between the parties.
Learned counsel appearing on behalf of the petitioner submitted that without having any intervening circumstance no firing was alleged to be repeated targetting, the injured, namely, Sunita Devi, suggesting thereof that petitioner was not under intention to cause death. It is submitted that the occurrence is appearing free fight in nature, where alleged firing was nontargetted and non-intentional. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, while opposing the prayer for bail submitted that allegation of firing is specific against this petitioner.
In view of the facts and circumstances as mentioned above and as petitioner is in custody, since 24.06.2022 coupled with the fact that charge-sheet has already been submitted, let above named petitioner is directed to be released on bail in connection with Ghosi (Okari) P.S. Case No.206 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
Patna High Court CR. MISC. No.12630 of 2023(2) dt.25-02-2023 3/3 two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T