Raj Kumar Singh @Rajkumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6930 of 2017 Arising Out of PS.Case No. -119 Year- 2015 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Raj Kumar Singh @ Raj Kumar, Son of Late Upendra Singh.

2. Raghwendra Singh @ Raghwendra Kumar, Son of Sambhu Singh. All are residents of Village Garh Laxmipur, P.S. Barahiya, District- Lakhisarai. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : M/S. Jai Prakash Singh and Rajeev Ranjan, Advocates.

For the Opposite Party : Mr. Dr. Rabindra Kumar, A.P.P. 206. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-03-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Barahiya P.S. Case No. 119 of 2015 for the offences instituted under Sections 324, 307, 506/34 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 08.07.2015 at about 9.30 P.M. in the night, while the informant alongwith his friend talking to each other at his house, the petitioners and coaccused Ramakant Singh and 3-4 others having rifle, pistol came there and targeting him and they started 10-12 rounds of firing and he received firearm injury on the left hand and he fell down and the accused persons on seeing the villagers fled away towards

Patna High Court Cr.Misc. No.6930 of 2017 (3) dt.03-03-2017 2/2 orchard. Thereafter, co-villagers came there and brought him for treatment.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. The nature of injury is said to be simple which is evident from Annexure-2 to the present application. Hence, no offence under Section 307 of the IPC is made out.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Barahiya P.S. Case No. 119/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Lakhisarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T