Girish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57042 of 2023 Arising Out of PS. Case No.-185 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== GIRISH SINGH Son of Late Jangbahadur Singh Resident of village - Telauchh, P.S. - Choutham, Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with S.T. no.214 of 2023 (arising out of Choutham P.S. Case no.185 of 2022) registered under sections 307, 379, 323, 341, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that over a land dispute between the members of the family, the petitioner who happens to be the informant's full brother started to abuse and assault the informant and the members of his family with the butt of a pistol. As a result of firing resorted to by the petitioner, the two year old child of the informant as also the informant sustained gunshot injuries.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.57042 of 2023(3) dt.08-11-2023 2/2 from the F.I.R. itself, it would be evident that the informant and the petitioner are full brothers. No occurrence as alleged has taken place and the manner of occurrence is other than what has been narrated in the F.I.R. The petitioner is in custody since 30.5.2023 and the trial has already commenced. The petitioner undertakes to cooperate in the trial.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R. wherein the petitioner is said to have resorted to firing resulting in gunshot injuries to the informant as also his two year old child, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after six months in case there is no substantial progress in the trial or on deposition of the informant and/or his wife.

(Partha Sarthy, J) Saurabh/- U T