Shiv Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28745 of 2025 Arising Out of PS. Case No.-241 Year-2024 Thana- AMDABAD District- Katihar ====================================================== Shiv Kumar Singh S/o- Late Ramanand Singh Village- Bahadarpur PSManihari District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh- Sr. Advocate Ms. Bela Singh- Advocate Mr. Rajeev Ranjan- Advocate Mr. Ashish Kumar- Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh- A.P.P.
For the Informant :
Mr. Md. Musowir Mr. Anup Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2025
1. Heard learned senior counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 189(2), 126(2), 115(2), 118(1), 117(2), 109, 303(2), 352, 351(2), 352 and 3(5) of the B.N.S.
3. The learned senior counsel for the petitioner submits that the petitioner is a person with clean antecedent and is in custody since 20.11.2024 and the informant alleges that on account of dispute relating to land, the petitioner assaulted the son of the informant by Hasua on stomach on account of which,
Patna High Court CR. MISC. No.28745 of 2025(3) dt.06-08-2025 2/3 his intestine came out leading to his death, while Tajamul assaulted the informant by hasua causing injury on forehead, thereafter the blow was repeated causing injury on hand.
4. The learned senior counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that on account of dispute relating to land, the occurrence is alleged to have taken place in which it is alleged that petitioner assaulted the son of the informant by Hasua causing injury on his stomach leading to his death. It is next submitted that the land for which the dispute had arisen had fallen in the share of the petitioner as such, the informant and his side were aggressor. It is next submitted that from the side of the petitioner also accused have sustained injury and on account of assault the little finger of the petitioner was chopped off.
5. Learned A.P.P. and the learned counsel appearing on behalf of the informant oppose the bail application and submits that there is a direct allegation against this petitioner of assaulting the son of the informant leading to his death. It is also submitted that no doubt, the occurrence took place on account of land dispute, but then, the manner in which the occurrence has been committed amply demonstrates that the petitioner assaulted the son of the informant who could not sustain the
Patna High Court CR. MISC. No.28745 of 2025(3) dt.06-08-2025 3/3 injury and thus died.
6. Considering the submissions made by the learned A.P.P. and the learned counsel for the informant, the Court is not inclined to release the petitioner on bail.
7. The prayer of the petitioner for bail stands rejected. (Satyavrat Verma, J) vikash/- U T