Janardan Singh @ Janardan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68661 of 2021 Arising Out of PS. Case No.-55 Year-2021 Thana- RUPAULI District- Purnia ====================================================== JANARDAN SINGH @ JANARDAN MANDAL Son of Bhumi Singh, R/o village - Gwalpara, Madrauni Basa, P.S.- Rupauli, District - Purnea. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Rupauli P.S Case No. 55 of 2021 registered for offence punishable under sections 147, 148, 149, 341, 342 and 302 of the Indian Penal Code.

As per allegation, on the occasion of Holi, two groups indulged into altercation. It is alleged further that nine named accused persons, including the present petitioner, were altercating with one Mahendra Singh and his son Abhishek Rupesh. The son of informant was present there as spectator. During the course of scuffle, one bullet shot hit the son of the informant and he died at

Patna High Court CR. MISC. No.68661 of 2021(3) dt.11-07-2022 2/2 the spot.

The learned counsel for the petitioner has submitted that the petitioner was not the person, but co-accused Amardeep Kumar was firing, even not targeting the deceased, but accidentally it hit the deceased.

Considering the fact that the petitioner is not assailant, there is case and counter case and the specific allegation against co-accused Amardeep is that he had fired shot which hit the deceased, let the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Rupauli P.S. Case No. 55 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T