Chandrahas Singh @ Bhuwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20713 of 2023 Arising Out of PS. Case No.-196 Year-2022 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== CHANDRAHAS SINGH @ BHUWAR SINGH S/O- LATE TEGA SINGH Village- Mojhariya Ps- Buxar Industrial Area Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsels appearing on behalf of the parties.

2. Petitioner seeks bail in connection with Buxar (Industrial) P.S. Case No. 196 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution story, it is a case of land dispute between the petitioners and the informant's family, wherein during Durga Puja festival, the informant and his family members were fired upon indiscriminately by the petitioners and other co-accused persons. During course of firing, the brother of the informant, Dharmendra Singh was shot

Patna High Court CR. MISC. No.20713 of 2023(4) dt.15-07-2024 2/3 by the petitioners and other co-accused persons who later on died in the hospital. Saroj Singh and Ajay Singh also received gunshot injury during the altercation.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the pretext of land dispute. There is general and omnibus allegation against the petitioner and nothing has been recovered from the conscious possession of the petitioner and he is in custody since 06.10.2022.

5. Learned APP for the State vehemently opposed the prayer for bail of the petitioner and stated that the petitioner is named in the FIR and there is direct allegation of involvement against the petitioner.

6. On perusal of the FIR, case diary, impugned order dated 09.02.2023 and postmortem report, it appears that there is specific allegation against the petitioner and other co-accused persons fired gunshots at the informant and his family members due to which several persons received gun shot injuries. The petitioner is named in the FIR along with other co-accused persons and the prosecution witnesses have also supported the case of prosecution. On perusal of the case diary, there is direct involvement of the petitioner. The postmortem report also

Patna High Court CR. MISC. No.20713 of 2023(4) dt.15-07-2024 3/3 reveals that the brother of the informant died due to multiple gunshot injury and petitioner has several criminal antecedent of similar nature of offence as stated in para-3 of the petition.

7. Considering the above allegation, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the prayer for bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T