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Patna High CourtCR. MISC./39382/2022dismissed

Raj Kumar Singh @ Khesari Singh v. The State Of Bihar

2022-10-10Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39382 of 2022 Arising Out of PS. Case No.-58 Year-2021 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== RAJ KUMAR SINGH @ KHESARI SINGH Son of Late Banaras Singh Resident of village- Chamtha, P.s.- Vidyapati Nagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Roy, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-10-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Vidyapati Nagar, P.S. Case No. 58 of 2021 for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution story, the informant's husband, namely, Mukesh Kumar Singh was an electrician and went to set electric pipe. It is further alleged that while returning to house, the F.I.R. named accused persons started abusing. When he protested, Shyam Deo Thakur and Mira Devi were assaulted with bricks on leg and Khesari Singh @ Raj Kumar Singh (the

Patna High Court CR. MISC. No.39382 of 2022(2) dt.10-10-2022 2/2 petitioner herein) opened fire upon the informant's husband causing death. Later accuseds fled away. Accordingly, the F.I.R was instituted.

There is specific allegation against the petitioner that he opened fire between the eyes and nose of the deceased causing his death.

Considering the specific allegation that has been come up against him in the F.I.R, this Court is not inclined to grant any relief to the petitioner, which is accordingly rejected. (Rajiv Roy, J) Jagdish/neha/- U T