Hira Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16009 of 2020 Arising Out of PS. Case No.-733 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== HIRA SINGH, Son of Late Jagdish Singh Resident of Village - Katar, P.S.- Indrapuri (Dehri), District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Narayan Rai, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Dehri Town (Indrapuri) P.S. Case No. 733 of 2019, registered under Sections 147, 148, 149, 302, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that informant Ajit Kumar, after entering into agreement in respect to land from Arun Kumar, went there along with his associates for Picnik. At that time, Poklen machine was being taken by Hira Singh (Petitioner) and Ram Pratap Singh then both were stopped on which they became annoyed. Thereafter, Hira Singh called his associates then Ram Pratap Singh, Manish Kumar, Pawan Kumar, Manji Kumar and Ram Kumar Singh reached there variously armed
Patna High Court CR. MISC. No.16009 of 2020(3) dt.20-08-2020 2/3 with weapons. On the order of Raj Kumar Singh all started firing. The firing made by petitioner Hira Singh hit at the left shoulder of the informant Ajit Kumar, whereas firing of Manish Kumar hit to Dhananjay Yadav, who fell down on the place of occurrence. The firing of Ram Pratap Singh hit to Dipak Kumar, firing of Pawan Kumar also hit to Dipak Kumar. At that time, Manji Kumar was also making firing. The cause of occurrence is related to sand ghat, which was run by the petitioner.
Learned counsel appearing for the petitioner submits that petitioner is not the assailant of the deceased Dhananjay Yadav, rather, it is alleged that firing of petitioner hit to informant's shoulder. Further submission is that, in fact, occurrence of Marpit took place due to interference made by the informant and others to carry out Poklen machine from the sand ghat in which petitioner's side also sustained injury regarding which Dehri Town (Indrapuri) P.S. Case No. 734 of 2019 was also instituted on 23.10.2019 under Sections 147, 148, 149, 323, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act against informant of the present case and five others. The petitioner is in custody since 29.10.2019.
Patna High Court CR. MISC. No.16009 of 2020(3) dt.20-08-2020 3/3 Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Dehri on Sone in connection with Dehri Town (Indrapuri) P.S. Case No. 733 of 2019. One of the sureties must be parents/ close relative of the petitioner. (Rajendra Kumar Mishra, J) manish/- U T