Ramanuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76287 of 2023 Arising Out of PS. Case No.-226 Year-2015 Thana- BARHIYA District- Lakhisarai ====================================================== 1.

Ramanuj Kumar S/O Ramdeo Singh @ Pupan Singh R/Ovillage- Jaitpur, P.S- Barahiya, Distt.- Lakhisarai.

2.

Durga Shankar Singh @ Durga Singh S/O Bharosa Singh R/OvillageJaitpur, P.S- Barahiya, Distt.- Lakhisarai. 3.

Sohan Kumar @ Sohan Singh S/O Ramdeo Singh @ Pupan Singh R/Ovillage- Jaitpur, P.S- Barahiya, Distt.- Lakhisarai. 4.

Ramakant Kumar @ Rama Kant Singh S/O Ramdeo Singh @ Pupan Singh R/Ovillage- Jaitpur, P.S- Barahiya, Distt.- Lakhisarai. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Krishna Pd.Singh, Senior Advocate Mr. Saket Kumar Singh, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-04-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 307, 324, 341/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, on the order of petitioner no. 4, petitioner no.2 fired causing fire arms injury in the leg of the informant.

4. It is submitted on behalf of the petitioners that this case has been filed by the informant side in order to save skin from Barahiya Police Station Case No. 206/2015 lodged by the petitioner no.1 against informant side. Moreover, police after

Patna High Court CR. MISC. No.76287 of 2023(4) dt.09-04-2024 2/2 investigation submitted final form against the petitioners but the Court below differing with the same took cognizance of the offence. F.I.R. has been lodged after inordinate delay of 22 days without any explanation which renders the entire prosecution case doubtful.

5. Considering the delay in lodging of the FIR, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM II, Lakhisarai in Barahiya Police Station Case No. 226 of 2015, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T