Hira Singh @ Hira Ram @ Hira Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57081 of 2024 Arising Out of PS. Case No.-122 Year-2024 Thana- DHARHARA District- Munger ====================================================== 1.
Hira Singh @ Hira Ram @ Hira Rai Son of Late Babulal Singh R/O Vill.- Mangadh, P.S.- Dharhara, Dist.- Munger.
2.
Ranjit Kumar Son of Hira Singh @ Hira Ram @ Hira Rai R/O Vill.- Mangadh, P.S.- Dharhara, Dist.- Munger.
... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gaurav Kumar For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-10-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Dharhara P.S. Case No. 122 of 2024 registered for the offence under Section 341, 323, 307, 504, 34 of the Indian Penal Code later added Section 302 of the IPC.
3. The allegation against the petitioners is of killing the husband of the informant.
4. Learned counsel for the petitioners submits that as per the FIR co-accused Raja Kumar is the assailant of the deceased and the petitioners are not the assailants of the deceased. He further submits that the petitioners are in
Patna High Court CR. MISC. No.57081 of 2024(3) dt.26-10-2024 2/3 jail since 15.05.2024.
5. Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioners and submits that deceased was brutally assaulted by the accused persons and one of the petitioners have tried to shoot in the mouth of the deceased but the pistol did not fired.
6. Learned counsel for the petitioners in reply has said that the informant is not an eye witness and none of the witnesses have supported the pistol story.
7. Considering the aforesaid facts of the case, that the petitioners are not the assailants of the deceased and it was Raja Kumar who has killed the deceased, this application is allowed.
8. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District Judge V, Munger in connection with Dharhara P.S. Case No. 122 of 2024, subject to condition that petitioners will cooperate in the trial i.e. they will be represented personally or through
Patna High Court CR. MISC. No.57081 of 2024(3) dt.26-10-2024 3/3 their lawyer during the course of the trial.
(Sandeep Kumar, J) Harshita/- U T