Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39491 of 2022 Arising Out of PS. Case No.-102 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Saurav Kumar S/O Ram Kumar Singh @ Aako Singh Resident of VillagePahsara, P.S.- Nawkothi, District- Begusarai. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 41706 of 2022 Arising Out of PS. Case No.-102 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Ram Kumar Singh @ Aako Singh S/o Sri Tuna Singh R/o village- Pahsara, P.S.- Nawkothi, District- Begusarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 39491 of 2022) For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP (In CRIMINAL MISCELLANEOUS No. 41706 of 2022) For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-04-2023 Heard learned counsel for the petitioners, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Patna High Court CR. MISC. No.39491 of 2022(5) dt.03-04-2023 2/3 Petitioners seek bail in a case registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to prosecution case, six accused persons stopped the husband of the informant and started abusing saying rangdari tax had not been paid. It is further alleged that they started firing indiscriminately by pistols upon her husband due to which he sustained fire arm injury and died. Learned counsel for the petitioners submits that petitioners have falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners are not present at the place of occurrence.

The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor on the basis of the material available on record and the case diary have vehemently opposed the prayer for bail of the petitioners and submits that there is direct allegation against these petitioners that they have fired upon the husband of the informant and he died at the spot. They further submits that the petitioner, namely, Saurav Kumar carries five criminal antecedents and petitioner, namely, Ram Kumar Singh carries nine criminal antecedents

Patna High Court CR. MISC. No.39491 of 2022(5) dt.03-04-2023 3/3 other than the present one.

Considering the fact that there is direct allegation against these petitioners, I am not inclined to enlarge the petitioners on bail in connection with Nawkothi P.S. Case No. 102 of 2021 pending in the court of learned Additional Chief Judicial Magistrate 1st, Begusarai.

Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T