Patna High CourtCR. MISC./21280/2024dismissed

Shiv Kumar Singh @ Bullet Singh v. The State Of Bihar

2024-04-04Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21280 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Shiv Kumar Singh @ Bullet Singh Son of Radhay Singh Resident of VillageNandpur, P.S.- Suryagarha, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-04-2024 Heard Mr. Ashok Kumar Jha, learned Counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Mednichauki P.S. Case No. 144 of 2023 for the offence registered under sections 147, 148, 149, 341, 379, 386, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act lodged on 07.09.2023 by the informant, Sagar Sahni.

3. As per the prosecution story, the informant alleged that while he was engaged in a fishing, the accused persons armed variously came and on the point of gun, demanded Rs. 1 lakh as extortion money. As he informed that being a poor, he cannot make payment, this petitioner along with Bhikhari Singh opened fire, out of fear he jumped into the river and swam to safety. Later, the accused persons took away all the fishing nets

Patna High Court CR. MISC. No.21280 of 2024(2) dt.04-04-2024 2/2 as also the boat. This led to the F.I.R.

4. Learned Counsel for the petitioner submits that it is impossible for the two-three persons to take away the boat, the entire narration is wrong/false and there is delay of more than 24 hours in lodging of the F.I.R. which was done only after the recovery of the boat from the nearby place.

5. Learned APP for the State, on the other hand, submits that the petitioner has criminal antecedent, demanded extortion money and opened fire, the poor person had to jump into the river to save his life.

6. Considering the aforesaid submissions, it would be appropriate that the petitioner seeks bail.

7. Cr. Misc. No. 21280 of 2024 stands rejected. (Rajiv Roy, J) Neha/- U T