Ranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33984 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== RANJAN SINGH Son of Krishna Singh Resident of Village - Garhan, P.S.- Udwant Nagar, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP.

Petitioner seeks regular bail in Udwant Nagar P.S Case No. 124 of 2022 registered for the offences punishable under Sections 302, 307 and other allied sections of the Indian Penal Code and 27 of the Arms Act.

As per allegation, on the alleged date and time of the occurrence, informant was sitting with his uncle, father and other family members at the door of his house, in the meantime, accused persons including the petitioner came there with firearms and started abusing them and on protest, co-accused

Patna High Court CR. MISC. No.33984 of 2022(3) dt.14-09-2022 2/3 Nand Kishore Singh opened fire with intention to kill which hit on Sheojee Singh and thereafter co-accused Sanjay Singh also fired which hit on the father of the informant and in course of treatment his father died.

The main submissions advanced by learned counsel Sri Raju Kumar Singh for the petitioner are that the petitioner has been languishing in jail since 31.03.2022, in the FIR against him there is no specific allegation and he and some of the accused persons are simply alleged to have instigated co-accused persons and the petitioner is not alleged of having fired at the prosecution party. Further submission is that the petitioner has clean antecedent and one similarly situated co-accused namely Kiran Devi has been granted regular bail vide order passed in Cr. Misc. no. 30580/2022 by a co-ordinate bench of this Court. Sri Aditya Narayan Singh.1 learned APP appearing for the State has opposed the prayer for bail. Heard both sides and perused the FIR. There is no specific allegation against the petitioner in the FIR and he and some of co-accused persons are alleged to have instigated coaccused persons to kill the members of the prosecution party and according to the informant the petitioner and some of the co-accused persons pelted stones at the door of the informant's

Patna High Court CR. MISC. No.33984 of 2022(3) dt.14-09-2022 3/3 house at the time of alleged occurrence. The FIR goes to show that in between both the parties there was a land dispute at the time of the alleged occurrence and the main allegation of firing leading to death of informant's father and causing firearm injury to other persons is against some of the co-accused persons and co-accused Kiran Devi has been granted bail by a coordinate bench of this court vide order passed in Cr. Misc. no. 30580/2022, in the opinion of this Court the petitioner also deserves to the same privilege.

Accordingly, petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in Udwant Nagar P.S Case No. 124 of 2022.

(Shailendra Singh, J) s.hassan/- U T