Daya Shankr Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30846 of 2014 Arising Out of PS.Case No. -336 Year- 2014 Thana -SITAMARHI District- SITAMARHI ====================================================== Daya Shankr Singh Son of Late Ramkishore Singh R/o village- Madhuban, P.S and District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Prasad Sinha For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2015 Heard both the sides.

The petitioner seeks regular bail in Sitamarhi P.S.Case No.336 of 2014 under Sections 341, 323, 307 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act pending in the Court of learned C.J.M., Sitamarhi.

The petitioner is alleged to have fired, which hit the informant on the left side of his abdomen.

Learned counsel for the petitioner submits that there is case and counter case. The injury report is with the case diary but he disputes the genuineness of the injury report. He further disputes that the informant was admitted and treated in P.M.C.H. From perusal of the records it appears that the informant and his mother had gone to the house of his maternal

Patna High Court Cr.Misc. No.30846 of 2014 (3) dt.12-01-2015 2/2 uncles to pacify the dispute between the two maternal uncles but on petty dispute the petitioner used his service revolver and fired on his nephew. From injury report, it appears that the bullet passed through the body of the informant.

Considering the nature of case, I am not inclined to enlarge the petitioner on bail. Accordingly the same is rejected. The trial court is directed to conclude the trial preferably within a period of one year from the date of receipt of a copy of this order.

(Prabhat Kumar Jha, J) singh/- U T