Paltan Singh @ Rehan Singh @ Rohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27912 of 2023 Arising Out of PS. Case No.-115 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== PALTAN SINGH @ REHAN SINGH @ ROHAN SINGH, Son of Bhupendra Singh Tullu Singh R/V- Bhualpur, P.S- Buniyadganj, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Choubey Jawahar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Buniyadganj P.S. Case No. 115 of 2022 dated 22.04.2022 registered for the offences punishable u/ss 147, 148, 149, 323, 236, 307, 354, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, the informant has alleged that the petitioner and the co-accused persons in connivance with one another came to his house and started abusing. On

2/4 being objected, accused Lalan Singh exhorted to kill and the petitioner fired on the informant brother, Ranjan Kumar Singh with intent to kill which hit his left Panjra. Accused Kaushal Kumar Singh fired on the informant brother, Anrudh Kumar Singh which hit his left thigh, Accused Chandan Kumar Singh fired on the hand of Anrudh Kumar Singh. The petitioner again fired on the right side of stomach of Ranjan Kumar Singh. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner has been in custody since 28.04.2022. There is a delay of about 24 hours in lodging the F.I.R. which creates doubt upon the prosecution case.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the injured Ranjan Kumar Singh sustained injury which is grievous in nature caused by fire arms.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond

3/4 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Session Trial No. 415 of 2022 Buniyadganj P.S. Case No. 115 of 2022 with the following condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bond is liable to be cancelled.

2. If the petitioner is found involved in similar nature of offence in future, the prosecution will have liberty to move cancellation of his bail bonds.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T

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