Murari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2366 of 2017 Arising Out of PS.Case No. -17 Year- 2008 Thana -BARAHIYA District- LAKHISARAI ====================================================== Murari Singh, son of Ram Bilash Singh alias Karori Singh, resident of village-Khutha Dih, P.S. Barahia, District-Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 03-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Barahia P.S. Case No.17 of 2008 registered under Sections 341, 327, 307, 384, 506 and 504/34 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that in the evening of 20.02.2008, the informant, in front of his house, was constructing the house under Government Indra Awas Scheme. At that time, his villager Rahul Singh came and started to keep the Gumti in front of his house. When the informant made protest then Rahul Singh called this petitioner, his father Vishunbalak Singh and uncle Karu Singh and, thereafter, all caused injury to the informant through lathi and danda. In that course, this petitioner fired through his pistol at the informant but the

Patna High Court Cr.Misc. No.2366 of 2017 (2) dt.03-02-2017 2/2 informant, anyhow, saved himself. There is also allegation against this petitioner that he threatened the informant that if he will construct the house under Government Indra Awas Scheme, he will have to pay Rs.2000/- as ransom.

Learned counsel appearing on behalf of the petitioner submits that while the allegation has been made against the petitioner and three others to cause injury to the informant through lathi and danda but the three injuries, as found on the person of the informant, are simple in nature. Further submission is that the informant only with a view to make the case serious in nature has made allegation against the petitioner that the petitioner fired from his pistol at him but he did not receive any firearm injury. The petitioner is in custody since 15.01.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Naresh Mahto, Judicial Magistrate, First Class, Lakhisarai, in connection with Barahiya P.S. Case No.17 of 2008.

(Rajendra Kumar Mishra, J) P.S./- U T