Brajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18520 of 2023 Arising Out of PS. Case No.-325 Year-2022 Thana- HALSI District- Lakhisarai ====================================================== Brajesh Kumar Singh Son Of Ajay Kumar Singh R/O Village- Sethna, P.S.- Halsi, District- Lakhisarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mayank Raj For the Opposite Party/s :

Mrs. Renu Kumari :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the informant. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 447, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.

As per the prosecution case, petitioner is said to have fired upon the informant due to which he fell down on the earth. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that all the occurrence took place due to land dispute between the parties vide case no.676M/9 under Section 145 Cr.P.C. regarding declaration of possession of an area 20.20 decimal under various Khatas and Khasra declared in favour of Ajay Singh and his family members succeeded over the land dispute case by District Court, High Court and Supreme Court of India. He submits that the informant forcibly cut paddy cop in the field of the petitioner,

Patna High Court CR. MISC. No.18520 of 2023(3) dt.23-06-2023 2/2 therefore, the present occurrence was taken place. He further submits that there is specific overt act against the petitioner to fire upon the injured person but the injury found upon the victim is simple in nature. He submits that there is case and counter case between the parties. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State along with learned counsel for the informant opposes for prayer for bail.

Considering the aforesaid facts and circumstances and the fact that there is land dispute between the parties and injury found upon the victim is simple in nature, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Halsi P.S. Case No.325/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T