Ujjwal Kumar @ Ujjwal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49024 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- ISUAPUR District- Saran ====================================================== Ujjwal Kumar @ Ujjwal Kumar Singh, Son of Arbind Singh, Resident of Village-Goha, P.S.-Isuapur, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Isuapur P.S. Case No. 22 of 2019 registered under Sections 147, 148, 149, 323, 324, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that on 01.03.2019, at about 10.15 A.M., six persons named in the F.I.R. including the petitioner came at the land of the informant, Niranjan Kumar Singh, and started to abuse. When the informant made protest then Pappu Singh caused injury at the head of his brother Om Prakash Singh whereas Dhiraj Kumar started to caused injury at the head of his brother Om Prakash Singh through Dav. At that time, this

Patna High Court CR. MISC. No.49024 of 2019(2) dt.06-08-2019 2/3 petitioner fired twice upon his brother through Katta but his brother anyhow saved himself. Thereafter, his niece, Anuj Kumar, came there to save them then Munna Singh caused injury at the stomach of his niece through knife and Amris Kumar caused injury at the head of his niece Anuj Kumar through Farsa. At that time, Princ Kumar shot fire at the neck of Anuj Kumar. On raising alarm, villagers came there and rushed to his brother and niece to Premary Health Centre, Hisuapur, from where, they were referred to the Sadar Hospital, Chapra, where Amrish Kumar came there and caused injury at the stomach of his brother, Om Prakash Singh in presence of police and fled away. Thereafter, his brother was referred to P.M.C.H, Patna.

Learned counsel for the petitioner submits that while the occurrence is said to be taken on 01.03.2019 but the present case has been lodged on 03.03.2019 on the basis of statement of informant on 02.03.2019 at Sadar Hospital, Chapra after causing injury by Amris Kumar at the stomach of his brother through knife in presence of police but informant has not given any statement prior to that before the police. In fact, petitioner is servant of co-accused, Dhiraj Kumar due to that reason he has falsely been implicated in the present case and

Patna High Court CR. MISC. No.49024 of 2019(2) dt.06-08-2019 3/3 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 six 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 S.D.J.M., Saran at Chapra, in connection with Isuapur P.S. Case No. 22 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T