Hariom Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67117 of 2022 Arising Out of PS. Case No.-128 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== HARIOM SINGH Son of Baldev Singh Resident of Village- Karisath, P.S.- Udwantnagar(Gajrajganj), District- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Udwantnagar (Gajrajganj) P.S. Case No. 128 of 2022, registered for the offences punishable under Sections 147, 148, 149, 109, 341, 323, 307, 504, 506, 302 of the Indian Penal Code and Section 27 of Arms Act.

The specific allegation against the petitioner Hariom Singh is that he fired shot at Ram Prakash Singh at his neck and chest resulting into his death in course of treatment. The learned counsel for the petitioner has submitted that there is case and counter case. The members of defense side have also suffered injuries and the police lodged another case in which it has been alleged that some members of prosecution side attempted to kill the injured persons who is member of the

Patna High Court CR. MISC. No.67117 of 2022(5) dt.18-04-2023 2/2 defense side.

On the other hand, the learned APP, Shri Ram Priya Sharan Singh has submitted that there is specific allegation against the petitioner that he shot dead Ram Prakash Singh. The allegation is corroborated by medical evidence as bullet was recovered from the dead-body. The witnesses in paragraph Nos. 15 and 16 have corroborated the entire occurrence. The learned APP has also drawn my attention towards paragraph 65 of the case diary which contains the criminal antecedents of the accused persons.

Considering the above-mentioned facts and circumstances, especially the fact that the petitioner is direct assailant and he fired shot at the Ram Prakash Singh resulting into his death, I am not inclined to grant him bail. Accordingly, it is rejected.

(Nawneet Kumar Pandey, J) SONALI/- U T