Lal Jee Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43783 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- DINARA District- Rohtas ====================================================== LAL JEE KUMAR SINGH Son of Late Shiv Bachan Singh Resident of Village - Badaka Iath, P.S.- Dinara, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Arun Kumar Singh CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dinara Police Station Case No. 30 of 2019, disclosing offences under Sections 341, 323, 504, 307 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is that the petitioner fired from the country-made pistol, which he was carrying, on the informant, who is his elder brother. Learned Counsel for the petitioner submits that the petitioner as well as the informant are own brothers and there is family dispute between them. Referring to paragraph 7 of the bail application, learned Counsel submit that five cases have

Patna High Court CR. MISC. No.43783 of 2019(2) dt.17-07-2019 2/3 been lodged against the informant by the father of the petitioner at the behest of the informant and his wife. He further submits that the petitioner has got no criminal antecedent and the injuries are simple in nature, as per Annexure-2, and not on the vital part of the body.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner as well as the informant are brothers and there appears to be previous family dispute and the injury is simple in nature, caused on the non-vital part of the body, this application is allowed. Let the petitioner, Lal Jee Kumar Singh, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikranganj, Rohtas, in connection with Dinara Police Station Case No. 30 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail

Patna High Court CR. MISC. No.43783 of 2019(2) dt.17-07-2019 3/3 bond shall be liable to be cancelled.

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