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Patna High CourtCR. MISC./27941/2020bail granted

Trynandu @ Priyandu Kumar Singh @ Triynandu Kumar Singh @ Triynandu Kumar @ Priyandu Kumar v. The State Of Bihar

2021-02-05Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27941 of 2020 Arising Out of PS. Case No.-119 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

TRYNANDU @ PRIYANDU KUMAR SINGH @ TRIYNANDU KUMAR SINGH @ TRIYNANDU KUMAR @ PRIYANDU KUMAR Son of Pramod Kumar Singh Resident of Village - Shambhua, P.S. Dalsinghsarai, District - Samastipur.

2.

Devendra Das @ Devendra Kumar Son of Mangal Das Resident of Village - Gospur, P.S. Dalsinghsarai, District - Samastipur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 17.10.2020, within four weeks of starting of Court proceeding in physical mode.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Dalsinghsarai P.S. Case no. 119 of 2020, registered under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that on 16.04.2020, due to land dispute, Trynandu @ Priyandu Kumar Singh (Petitioner No.1)

Patna High Court CR. MISC. No.27941 of 2020(2) dt.05-02-2021 2/3 started scuffling giving threatening to kill the informant Devanand Singh, due to which Devanand Singh had given written application on 18.04.2020 at Dalsinghsarai Police Station. Due to that reasons, in the evening of 21.04.2020, the Police officials came and after pacifying the matter went away saying to get the land measured. Later on, after 10 to 20 minutes of moving the Police party from the village, Trynandu @ Priyandu Kumar Singh (Petitioner No.1), Sanjay Kumar Singh @ Guddu Singh and Devendra Das (Petitioner No.2) started to abuse saying that why the Police was called there. Thereafter, Trynandu @ Priyandu Kumar Singh (Petitioner No.1) asked to Devendra Das (Petitioner No.2) to give pistol then petitioner No.

2 handed over pistol to Trynandu @ Priyandu Kumar Singh (Petitioner No.1), who shot fire with intention to kill the informant, but, anyhow, informant saved himself. Thereafter, he made second firing on Parmanand Singh and third firing on Ram Singh, brother and son, respectively, of the informant, but, fortunately, all of them managed to save themselves. Thereafter, on reaching of villagers, all fled away from there then, on giving information, the Police came there then informant handed over two empty cartridges to the Police.

Patna High Court CR. MISC. No.27941 of 2020(2) dt.05-02-2021 3/3 Learned counsel for the petitioner submits that due to land dispute, the informant lodged the present case only to give undue pressure. Further submission is that while petitioner No.1 was accused in Dalsinghsarai P.S. Case No. 222 of 2009, but on trial he has been acquitted on 30.07.2011 by the Court of Additional Sessions Judge-cum-Special Judge, Samastipur and petitioner No.2 has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Dalsinghsarai, Samastipur in connection with Dalsinghsarai P.S. Case No. 119 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T