Sonam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51531 of 2022 Arising Out of PS. Case No.-170 Year-2022 Thana- AMARPUR District- Banka ====================================================== SONAM SINGH S/o Arjun Singh Resident of Village- Maldeochalk, P.S.- Amarpur, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushkar Narain Shahi, Sr. Adv.

Mr. Dhirendra Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-03-2023 Heard Mr. Pushkar Narain Shahi, learned senior counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. Petitioner seeks 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, there is allegation against the petitioner of firing a bullet shot on the informant with an intention to kill him but the bullet struck on the shoulder of the uncle of the informant due to which he became injured. Thereafter he was taken to hospital but he died on way to hospital.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.51531 of 2022(5) dt.02-03-2023 2/2 petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that there is allegation against the petitioner that he fired upon the informant but he missed and his uncle has received the bullet injury on his back and during treatment, he died. He further submits that according to F.I.R. there was no intention to kill the uncle of the informant.

The learned counsel for the informant as well as learned Additional Public Prosecutor for the State have vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one. They further submit that there is direct allegation against the petitioner that he fired upon the uncle of the informant and he died subsequently.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Amarpur P.S. Case No. 170 of 2022, pending in the court of learned Chief Judicial Magistrate, Banka Prayer is refused.

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