Rambilash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54338 of 2021 Arising Out of PS. Case No.-118 Year-2019 Thana- MORKAHI District- Khagaria ====================================================== Rambilash Singh S/O Late Guneshwar Singh R/O Village- Morkahi Icharua, P.S.- Alauli, District- Khagaria ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, Addl Public Prosecutor For the informant Mr. JN Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner, the State, the informant and perused the case diary.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case is that when the informant was ploughing his field, six persons armed with lathi-danda and pistol surrounded the informant and his father. Thereafter, the accused persons opened fire due to which the informant and his father received firearm injuries.

Learned counsel for the petitioner submits that the petitioner and the informant are co-villagers and there is land dispute between them. petitioner has caused fire arms injury in the right hand which is not the vital part of the body. Petitioner is in custody since 5.7.2021. Investigation is complete. Similarly situated co-accused have already been allowed bail

Patna High Court CR. MISC. No.54338 of 2021(3) dt.28-01-2022 2/2 by a co-ordinate bench of this Court vide orders passed in Cr.Misc.No. 2139/21 and 16752/21.

Learned counsel appearing for the State and the informant oppose the prayer for bail. They submit that there is specific allegation that the petitioner caused fire arms injury on the hand of the victim.

Considering the aforesaid facts and circumstances of the case and the background in which the occurrence took place and the fact that the victim sustained injury caused by th petitioner on his non-vital part of the body, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Khagaria in Morkahi Police Station Case No. 118 of 2019.

(Prabhat Kumar Singh, J) Shashi U T