Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22402 of 2024 Arising Out of PS. Case No.-254 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== 1.
Aman Kumar S/O Pawan Singh R/O Village- Ganga Pipar, P.S- Chiraiya, Distt.- East Champaran.
2.
Munna Singh @ Munna Kumar S/O Pawan Singh R/O Village- Ganga Pipar, P.S- Chiraiya, Distt.- East Champaran.
3.
Viraj Singh @ Viraj Kumar @ Biraj Kumar @ Biraj Singh S/O Shailendra Singh R/O Village- Ruphari, P.S- Chariaya (SHIKARGANJ), Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Singh, Sr. Adv.
Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2024 Heard learned Senior counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in a case registered for the offence punishable under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, it is alleged that the petitioners along with other co-accused persons came at the house of the informant and started firing indiscriminately on the informant's son due to which he died on spot.
4. Learned Senior counsel for the petitioners submits that the petitioners are innocent and have committed no
Patna High Court CR. MISC. No.22402 of 2024(6) dt.18-10-2024 2/3 offence and has falsely been implicated in this case. He submits that the inquest report was prepared on 01.06.2022 and therefore, the present F.I.R. was lodged. He further submits that the earlier in the year 2002 the grandfather of petitioner no. 3, namely, Siyaram Singh was killed by agnate of informant, namely, Vindhachal Singh, Bipin Singh, Sarvesh Singh and Brajesh Singh for the same Chiraiya (Sikarganj) P.S. Case No. 37 of 2002 was registered. Again in the year 2006, the uncle of petitioner no. 3, namely, Dharmendra Singh was killed by Brajesh Singh (agnate of informant) and other and for the same Chiraiya P.S. Case No. 45 of 2006 was registered. Again in the year 2019, the cousin brother of the petitioner no. 3, namely, Raja Singh was killed.
The prosecution party always used to pressurize to compromise the case and on denial they used to threat to face dire consequence. He next submits that charges has not been framed against the petitioners. The petitioner no. 1 has one criminal antecedent and petitioners no. 2 and 3 have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Considering the facts and circumstances of the case, this Court is not inclined to grant regular bail to the
Patna High Court CR. MISC. No.22402 of 2024(6) dt.18-10-2024 3/3 petitioners. Accordingly, the prayer of regular bail of the petitioners is hereby rejected in connection with Chiraiya (Shikarganj) P.S. Case No. 254 of 2022.
7. However, the petitioners shall be at liberty to renew their prayer for bail after framing of charges. (Anjani Kumar Sharan, J) anand/- U T