Pramod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77212 of 2018 Arising Out of PS. Case No.-298 Year-2017 Thana- DINARA District- Rohtas ====================================================== Pramod Singh, Son of Late Rameswar Singh, resident of Village- Arang P.S. Dinara Bhanas, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Nath Yadav, Adlv.

For the Opposite Party/s :

Mr.Md. Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 22.06.2018 in a case registered for the offence punishable under Sections 341,323,307,504 and 34 of the Indian Penal Code and Sections 25(1-B)a, 26, 27, 35 of the Arms Act. The prosecution case got initiated on the basis of written report dated 27.10.2017 submitted by Lakhan Kumar to the Station House Officer, Manas (O.P.) Police Station is to the effect that on the same day at 2.00 P.M., there was a scuffle between the children of the village while playing cricket and thereafter, the children went to their respective houses. Subsequently, co-accused, Pramod Singh, Munna Singh, Munnu Singh came at the door of the informant and abused

Patna High Court Cr.Misc. No.77212 of 2018(3) dt.01-02-2019 2/3 him. On protest being made by the informant, co-accused, Pramod Singh resorted to fire causing injury on the left knee of the informant. It is further alleged that co-accused Munna Singh and Munnu Singh assaulted the younger brother of the informant namely Paltu Kumar with lathi and danda. In the meantime, the mother of the informant namely Janki Devi came and snatched a country made pistol from co-accused, Pramod Singh.

It is submitted by learned counsel for the petitioner that the conduct of the informant and her mother appears to suspicious when country made pistol was snatched from coaccused Pramod Singh, then instead of taking it to the police station, the mother took the snatched country made pistol to her house. It is further submitted that there is no accusation of repeating the blow and the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the accusation of firing is specific against the petitioner. Considering the genesis of the occurrence and the investigation being concluded, coupled with statement made in

Patna High Court Cr.Misc. No.77212 of 2018(3) dt.01-02-2019 3/3 paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Vikramganj, Rohtas in connection with Dinara (Bhanas) P.S. Case No. 298 of 2017. (Dinesh Kumar Singh, J) Ashwini/- U T