Gonour Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27967 of 2017 Arising Out of PS. Case No. -11 Year- 2017 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Gonour Singh son of Rajendra Singh, Resident of Village- Chakajinizam, P.S.- Mahua, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Mahua P.S. Case No. 11 of 2017 registered for offences under sections 307, 324, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

An allegation has been made that on 12.1.2017 at 7.30 AM, when Amit Kumar reached near Manki Singh, he ordered to kill him, whereupon, Sanjay Kumar Singh and Surendra Rai came there and, in the meantime, Manoj Kumar Singh, Vishwanath Singh and Shambhu Singh started assaulting him. Vinod Singh fired from the pistol on the temple of Amit Singh as a result of which he died at the spot. An allegation has been made against the

Patna High Court Cr.Misc. No.27967 of 2017 (3) dt.13-07-2017 petitioner Gonour Singh and one Akhilesh Singh of assaulting the deceased with sword with an intention to kill which caused injury on the head, whereupon, the deceased fell down. Learned counsel for the petitioner submits that the deceased Amit Kumar was a veteran criminal and when the police reached there, they also started quarrelling with the police. Learned counsel for the petitioner further submits that the petitioner has a right to private defence and that is why he has used the arms. It has been submitted that the present case is a counter blast of Mahua P.S. Case No. 10 of 2017 lodged by coaccused Binod Kumar Singh against Amit Kumar and others. In the First Information Report, the name of the petitioner has been shown to have caused injury. Learned counsel for the petitioner submits that it is not corresponding to the injury claimed in the F.I.R. but, there is a specific allegation against the petitioner to have used sword.

Looking to the nature of offence, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner, namely, Gonour Singh is rejected. If the petitioner surrenders before the court below, the court below will consider the prayer for bail of the petitioner and

Patna High Court Cr.Misc. No.27967 of 2017 (3) dt.13-07-2017 will pass orders in accordance with law without being prejudiced by this order.

(Shivaji Pandey, J) Rishi/- U T