Shourabh Sarang @ Shourabh Singh @ Shourabh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66212 of 2019 Arising Out of PS. Case No.-476 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== Shourabh Sarang @ Shourabh Singh @ Shourabh, aged about 35 years, Gender-Male, S/o Late Ajay Singh @ Late Ajay Kumar Singh R/o villageGangjala, Ward No. 17, Saharsa, P.S.- Saharsa, District- Saharsa ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bhaskar Shankar, Advocate For the Opposite Party :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2019 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest for the offences alleged under Sections 307, 341, 323, 34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Saharsa Sadar P.S. Case No. 476 of 2019.

The prosecution case is that on 25.05.2019 in the evening while the informant was returning from his Mousi house and reached near Kuwar Tola-S.M. Carmel school where Sangam Singh was standing and on seeing the informant, Sangam Singh opened fire upon the informant with intention to kill him due to which he sustained firearm injury at left side of waist. Thereafter the informant tried to escape in the meanwhile the petitioner, brother of Sangam Singh, pushed him due to which he fell down and with the help of villagers, he was brought to Sadar Hospital, Saharsa where he was

Patna High Court CR. MISC. No.66212 of 2019(2) dt.15-11-2019 2/2 treated.

Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence at all and he has been falsely implicated in this case on account of grudge and malice and the allegations under Section 307 of the IPC and Section 27 of the Arms Act are not applicable against the petitioner and other allied sections of the IPC are bailable. He further submits that there is specific allegation of firing is against co-accused Sangam Singh. Learned counsel further submits that the injury report (Annexure-2) does not corroborate with allegation of assault. In the facts and circumstances of the case, in the event of petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the petitioner above named be released on bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 476 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.