Ravi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1179 of 2022 Arising Out of PS. Case No.-129 Year-2021 Thana- SHAMBHUGANJ District- Banka ====================================================== Ravi Singh S/o Arvind Singh R/o village- Dharampur, P.S.- Shambhuganj, Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Parmanand Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Shambhuganj P.S. Case No. 129 of 2021 registered for the alleged offences under Sections 341, 323, 307, 354-B, 504, 506 and 34 of the Indian Penal Code. As per prosecution case, the petitioner and other coaccused persons, variously armed, entered into the house of the informant and opened fire. Co-accused Devanad Singh shot at the daughter-in-law of the informant. The petitioner fired upon the grand-daughter of the informant. The occurrence took place in the background of dispute over cutting of electricity wire.

Patna High Court CR. MISC. No.1179 of 2022(4) dt.15-11-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case and has not committed any offence as alleged. All the offences are bailable except Sections 307 and 354 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel further submits that the charge sheet has been submitted in this case and the petitioner is in custody since 18.08.2021. Learned APP for the State opposes the prayer for bail of the petitioner submitting that there is specific allegation against the petitioner that he fired upon the grand-daughter of the informant causing injuries to her. Both the victims received fire arm injuries.

Perused the records.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the period of custody of this petitioner and the injuries attributed to him which do not appear to be on any vital part, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 129 of 2021, subject to the conditions mentioned in Section

Patna High Court CR. MISC. No.1179 of 2022(4) dt.15-11-2022 3/3 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) daya/- U T