Sanjeev Kumar @ Saina Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28062 of 2016 Arising Out of PS.Case No. -163 Year- 2015 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ====================================================== Sanjeev Kumar @ Saina Singh, Son of Bholi Singh, Resident of village - Katardih, P.S. Katarisarai, District - Nalanda. .... .... 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 RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 26-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Giriyak (Katarisarai) P.S. Case No.163 of 2015 registered under Sections 302 and 120(B)/34 of the Indian Penal Code besides Section 27 of the Arms Act.
The allegation of the informant is that due to dispute regarding the partition of the land, there was hot exchange of words between his father Ramdeo Singh and his cousin brother. At that time, co-accused Rukmini Devi took out a gun and gave to her father-in-law Bholi Singh, who shot fire causing injury to one Lalan Singh. Thereafter, on receiving information regarding the
Patna High Court Cr.Misc. No.28062 of 2016 (4) dt.26-08-2016 2/3 said occurrence, the police came and took the injured Lalan Singh to the hospital for treatment. In the meantime, at about 2.30-2.45 P.M., the information was received regarding the arrival of the police in the village again, then the co-accused Bholi Singh, his son Sanjeev Kumar alias Saina Singh (petitioner), his daughter-inlaw Rukmini Devi and his grand son Ankit Kumar having firearms and the co-accused Ratnakar Singh under conspiracy moved from the house and started making firing. When Ramdeo Singh, the father of the informant and his co-villager Pramod Singh made protest, then the co-accused Bholi Singh fired from his gun causing injury at the hand and stomach of the father of the informant. At that time, Bholi Singh also fired at Pramod Singh causing injury to his waist. Both the injured were taken to the Sadar Hospital, Bihar Sharif for treatment but they died on the way.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is the cousin brother of the informant and the son of the co-accused Bholi Singh against whom there is allegation of firing at both the deceased and the petitioner has falsely been implicated in this case.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or
Patna High Court Cr.Misc. No.28062 of 2016 (4) dt.26-08-2016 3/3 surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Sushil Prasad, Judiical Magistrate, First Class, Nalanda at Biharsharif, in connection with Giriyak (Katarisarai) P.S. Case No.163 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T