Ashwani Kumar @ Ashwani Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19351 of 2024 Arising Out of PS. Case No.-371 Year-2023 Thana- DESARI District- Vaishali ====================================================== Ashwani Kumar @ Ashwani Singh S/o Dinesh Prasad Singh R/o Village - Chakamgola, P.S. - Disari (Chandpura O.P.), Dist. - Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Adv.
For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in connection with Desari (Chandpura O.P.) P.S. Case No. 371 of 2023, lodged on 03.11.2023 under Sections 341, 323, 302, 34 of the Indian Penal Code read with section 27 of the Arms Act.
3. As per the prosecution case, FIR has been lodged against six named accused persons including the present petitioner. The allegation against the petitioner is that he has carried pistol in his hand at the place of the occurrence.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that it is true that the petitioner was carried pistol in his hand but from the seizure list, it becomes clear that it is a
Patna High Court CR. MISC. No.19351 of 2024(3) dt.19-04-2024 2/3 pistol which is basically an air pistol and unloaded one on which batman was written and actually it is a toy and not the real gun or pistol. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 04.11.2023.
5. Learned counsel for the petitioner submit that it is the accused namely Dinesh Prasad Singh who has fired from his gun on the chest of the informant's son due to which he fell down and subsequently, on the way, informant's son died.
6. Learned APP for the State opposes the prayer for bail of the petitioner.
7. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that case diary has been called for and in the case diary, post-mortem report has been attached and the post-mortem report directly corroborates that the death has been caused due to injury caused by a gun shot which has been done none the else but by Dinesh Prasad Singh.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.19351 of 2024(3) dt.19-04-2024 3/3 Judicial Magistrate, Vaishali at Hajipur in connection with Desari (Chandpura O.P.) P.S. Case No. 371 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J.) Divyansh/- U T