Tuntun Singh @ Tuntun Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55613 of 2018 Arising Out of PS. Case No.-321 Year-2002 Thana- LAKHISARAI District- Lakhisarai ====================================================== Tuntun Singh @ Tuntun Prasad Singh son of Chand Singh resident of Village Lodiya P.S. Lakhisarai, District Lakhisarai.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Niranjan Parihar For the Opposite Party/s :
Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Lakhisarai P.S. Case no. 321 of 2002, registered under Sections 147, 148, 448, 307 of the Indian Penal Code and Section 27 of the Arms Act.
The accusation is that on 07.12.2002, petitioner along with seven other named in the F.I.R. all of sudden reached at the door of the informant Binod Kumar having armed with Rifle, Pistol etc. in their hands and surrounded him. When father of the informant raised alarm, then two unknown persons pointed rifle on the chest of father of the informant, then Panchu Singh fired upon the informant, which hit at the
Patna High Court Cr.Misc. No.55613 of 2018(5) dt.01-02-2019 2/3 chest of the informant. When informant fell down then Ranjeet Singh fired upon the informant, which caused injury at his left palm, Niranjan Singh @ Gopesh also fired causing injury at the palm of the informant.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that while petitioner is named in the F.I.R. along with nine others, but specific allegation is against Panchu Singh, Niranjan Singh and Ranjeet Singh, who caused firearm injury to the informant, but no overt act has been attributed against the petitioner nor any description has been made about having arm by the petitioner at the time of occurrence. Further submission is that, in fact, petitioner is covillager of the informant and due to dirty village politics, the petitioner has also been implicated in this case and petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. First Class, Lakhisarai in connection with Lakhisarai P.S. Case No. 321 of
Patna High Court Cr.Misc. No.55613 of 2018(5) dt.01-02-2019 3/3 2002, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T