Birbahadur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48711 of 2021 Arising Out of PS. Case No.-27 Year-2020 Thana- AGIAON BAZAR District- Bhojpur ====================================================== BIRBAHADUR SINGH S/o Ranjeet Singh Resident of VillageKhananikalap, P.S.- Agion Bazar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal For the informant :

Mr. Subodh Kumar :

Mr. Jay Prakash ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-04-2022 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Agion Bazar Police Station Case No. 27 of 2020, registered for the offences punishable under Sections 506/307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as per the First Information Report, is that the petitioner, along with his father, fired upon the informant, due to which he sustained gun shot injury in his hand.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village

Patna High Court CR. MISC. No.48711 of 2021(3) dt.28-04-2022 2/3 rivalry and he has not committed any offence in the manner alleged. He further submits that the petitioner is in custody since 22.03.2021 and there is no medical report to show that the informant has sustained injury.

On the other hand, learned Counsel for the informant submits that the petitioner is a dreaded criminal inasmuch as eight criminal cases have been lodged against him and in one of the cases, i.e. Agion Bazar Police Station Case No. 40 of 2007, registered for the offences punishable under Sections 302/458/460 of the Indian Penal Code, he has been convicted and was granted bail by this Court and taking advantage of the privilege of bail, he has committed the present offence. He further submits that the petitioner is a terror of the locality and he has also fired upon the police force, for which Agion Bazar Police Station Case No. 87 of 2006 has been lodged. Regards being had to the submission advanced on behalf of the parties and taking into consideration the specific allegation of firing upon the informant in the First Information Report and the fact that the petitioner is having criminal antecedent and was convicted and while on bail, he has committed the present offence, I am not inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.48711 of 2021(3) dt.28-04-2022 3/3 This application is, accordingly, dismissed.

Let the trial be expedited.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √