Harsh Kumar Singh @ Harsh Kishor Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48372 of 2014 Arising Out of P.S. Case No. -430 Year- 2014 Thana -LAHERIASARAI District- DARBHANGA ======================================================
1. Harsh Kumar Singh @ Harsh Kishor Singh S/o Late Raj Kishore Singh Resident of Village Kewatgama, Police Station Kusheshwar Asthan, District Darbhanga. At present resident of Mohalla Khajasarai, P.S. Laheriasarai, District Darbhanga.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-03-2015 Heard Counsel for the petitioner and Mrs. Pandey learned APP for the State.
The petitioner is accused of Laheriasarai P.S. Case No. 430 of 2014 registered under Sections 307, 387, 379 and 504 of the Indian Penal Code and Section 27 of the Arms Act. From perusal of the F.I.R., it appears that earlier the petitioner had demanded rangdari amount from the informant which was refused. On the date of occurrence, while he was going on motorcycle, petitioner along with 2-3 others surrounded him whereafter the petitioner is said to have fired at the head which, however, escaped the skull of the informant. Second firing was made by the petitioner which hit on the right thigh. In an injured condition, he was brought to the hospital where the F.I.R. was
Patna High Court Cr.Misc. No.48372 of 2014 (2) dt.03-03-2015 lodged.
Contention of the petitioner is that although the injury sustained by the informant has been caused by fire arm but the same is simple. There was business rivalry between the parties. Petitioner is in custody since 15.9.2014.
Learned APP, on the other hand, opposed the prayer for bail.
Considering the manner in which the occurrence has been committed as also the criminal antecedent, this Court is not persuaded to grant the bail. Prayer is refused. The petitioner is, however, granted liberty to renew prayer for bail if the trial does not record adequate progress within 05 months from the date of receipt/production of a copy of this order.
(Kishore Kumar Mandal, J) Pankaj/- U T