Gyan Kumar @ Gyan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55838 of 2019 Arising Out of PS. Case No.-105 Year-2019 Thana- HISUWA District- Nawada ====================================================== GYAN KUMAR @ GYAN SINGH Son of Littan Singh @ Shashi Kant Singh Resident of Village - Bazra, P.S.- Hisua, Dist.- Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hisua P.S. Case No.105 of 2019 registered under Sections 341, 323, 324, 307, 326 and 379/34 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that on 16.03.2019 at about 11.00 P.M., while the informant Vinay Kumar Singh was returning to his village-Sahajpura from Hisua on motorcycle, in the way, four persons, named in the F.I.R., including the petitioner, who were present from before there, came near him. Thereafter, the brother-in-law of Gyan Singh (petitioner) shot fire from his pistol at the informant, due to which the informant fell down

Patna High Court CR. MISC. No.55838 of 2019(2) dt.04-09-2019 2/3 from his motorcycle, whereupon Bablu Singh with an intention to kill the informant gave knife blow at his head, due to which the blood started oozing out from his head. At that time, Jitendra Singh caused assault to the informant on his forehead through the butt of the pistol and, thereafter, with an intention to kill the informant, he gave knife blow on the head of the informant and when the informant tried to prevent the blow with his hand, he sustained cut injury on his hand. In that course, the petitioner took cash Rs. 10,000/- from the pocket of the informant, whereas his brother-in-law snatched gold chain of the informant.

Learned counsel for the petitioner submits that the injuries, as found on the person of the informant, are simple in nature. Moreover, the only allegation against the petitioner is that he took cash Rs.10,000/- from the pocket of the informant. In fact, the petitioner and the informant are co-villagers and due to dirty village politics, the name of the petitioner has also been shown in the F.I.R. by the informant. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be

Patna High Court CR. MISC. No.55838 of 2019(2) dt.04-09-2019 3/3 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 the Chief Judicial Magistrate, Nawada, in connection with Hisua P.S. Case No.105 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T