Guddu Singh @ Sanjay Singh @ Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57831 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Guddu Singh @ Sanjay Singh @ Sanjay Kumar Singh son of Late Nand Kishor Singh Village- Nimi Ps- Sonhan Dist- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP For the Informant : Mr. Shiv Sagar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 13.03.2023 in connection with Bhabhua (Sonham) P.S. Case No. 191 of 2023, F.I.R. dated 07.03.2023 for the offences punishable under Sections 324, 337, 338, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. According to prosecution case, this petitioner opened fire upon the son of the informant and on the son of one Jagdish Singh and they both sustained injuries.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the

Patna High Court CR. MISC. No.57831 of 2023(3) dt.25-09-2023 2/2 F.I.R. He further submits that there was no intention to kill the son of the informant and the date of occurrence as alleged in the F.I.R is 05.03.2023 but the present F.I.R was instituted on 07.03.2023 i.e. after delay of 2 days without giving any explanation of the said delay.

5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor on the basis of material available on record and the case diary have vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he has opened fire indiscriminately and one of the bullets hit the back of the son of the informant who sustained injuries while the another bullet hit the son of one Jagdish Singh.

6. Considering the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail in connection with Bhabhua (Sonham) P.S. Case No. 191 of 2023 pending in the court of learned Chief Judicial Magistrate, Kaimur at Bhabhua.

7. Prayer is refused.

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