Ramjee Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21686 of 2019 Arising Out of PS. Case No.-411 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Ramjee Sah, Son of Late Durga Sah, Resident of Village- Ajua, P.S.- Shikarpur, District- West Champaran.

2.

Bihari Yadav, Son of Sri Biga Yadav, Resident of Village- Kaulachi, P.S.- Shikarpur, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-04-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447, 448, 324 and 307/34 of the IPC and Section 27 of the Arms Act. The prosecution case, as per the written report of Ravi Ram, dated 02.11.2018, submitted to the Station House Officer, Shikarpur Police Station, is to the effect that on 29.10.2018 at about 8.30 P.M., religious Bhajan was going on at the door of petitioner no.1, Ramje Sah, in the meantime, the petitioners resorted to fire in the air, but accidentally the same hit on the leg of the father of the informant.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.21686 of 2019(2) dt.08-04-2019 2/2 the petitioners and others resorted to fire in the air in a celeberative mood, but the same accidentally hit on the leg of the father of the informant. Moreover, it is not specifically alleged that due to firing made by which person, the father of the informant received firearm injury. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that due to firing made by the petitioners, the father of the informant received firearm injury. Considering the fact that FIR suggest that the father of the informant received accidental firearm injury and the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, it is a case for consideration of regular bail by learned Court below, if the petitioner surrenders within a period of six weeks in connection with Shikarpur P.S. Case No. 411 of 2018, pending in the Court of learned Chief Judicial Magistrate, West Champaran at Bettiah.

Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T