Patar Singh @ Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 44851 of 2015 Arising Out of PS.Case No. -204 Year- 2015 Thana -WAZIRGANJ District- GAYA ====================================================== Patar Singh @ Sanjay Singh, Son of Ambika Singh, resident of villageMajhawly, P.S. Wazirganj, District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Wazirganj P.S. Case No. 204 of 2015 dated 18.05.2015 instituted under Sections 341/323/325/307/34 of the Indian Penal Code and 27 of the Arms Act.

The allegation against the petitioner is that he along with three others had forcibly confined the informant and other co-villagers and had abused them and also made murderous attack causing firearm injury to one Manikant Kumar.

Learned counsel for the petitioner submits that he has been falsely implicated due to family dispute. It is submitted that though the allegation is of injury by firearm but the medical report shows that the same was caused by hard blunt and sharp edged substance and thus no case is made

Patna High Court Cr.Misc. No.44851 of 2015 (2) dt.15-10-2015 2/3 out under Section 307 of the Indian Penal Code and the Arms Act. It is further submitted that the Sub Divisional Police Officer, Wazirganj, Gaya has supervised the case and has not found the incident to be true under Section 307 of the Indian Penal Code and 27 of the Arms Act. It has further been submitted that the parties have also compromised and the injured person has filed an affidavit that he did not recognize the person who had fired on him though both belong to the same village and further the informant along with the injured has filed a joint compromise petition with the petitioner and the other three co-accused.

Learned A.P.P. submits that in view of the aforesaid position, it cannot be said that there is reasonable apprehension of arrest of the petitioner by the police as they themselves have not found the case true under Section 307 of the Indian Penal Code and the Arms Act and further since the informant and the injured have also entered into compromise. Considering the rival contentions of learned counsel for the parties, the Court is in agreement with the submissions of learned A.P.P. for the State. The petitioner may thus appear before the Court below and seek regular bail. If the petitioner so does, the Court below shall consider the prayer for bail of the petitioner in accordance with law on merits and also in light of the observations made hereinabove and the bail application shall be disposed off on the same day.

Patna High Court Cr.Misc. No.44851 of 2015 (2) dt.15-10-2015 3/3 The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar U T