Wakku Singh @ Bidhyasagar @ Woka Singh @ Baku Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74659 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- BARIYARPUR District- Munger ====================================================== Wakku Singh @ Bidhyasagar @ Woka Singh @ Baku Singh Son of Vidyasagar Singh @ Sujit Kumar Singh R/o Village- Kalyan Tola, P.S.- Bariyarpur, Distt.- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-03-2025 Heard Mr. Kumar Kamal Nayan, learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that there was a scuffle between the petitioner and brother of the informant namely, Jeetendra Singh. After that, the petitioner went to his house and returned back with weapon. He made 2-4 firing. After that, when people gathered, the petitioner hide in a toilet. Ramesh Kumar came to rescue then petitioner fired at him and he
Patna High Court CR. MISC. No.74659 of 2024(5) dt.17-03-2025 2/3 received gunshot injury in his right eye.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the scuffle was between the petitioner and Jeetendra Singh and it is alleged that Ramesh Kumar was injured. From perusal of the injury report, it is clear that the doctor has found right orbit (Lacerated) and 9x5mm Rediodense foreign body in Right Temporal Area but from injury report, it is not clear whether there was fire arm injury on the person who was injured. It is also submitted that fire was made at the petitioner and when he tried to escape the fire, it hit the injured. It is further submitted that there is only one fire arm injury. There is no repetition of fire as well. Moreover, the petitioner is languishing in judicial custody since 16.04.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail and submits that the petitioner is having criminal antecedent of one case.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with
Patna High Court CR. MISC. No.74659 of 2024(5) dt.17-03-2025 3/3 Bariyarpur P.S. Case No. 64 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri Ratnesh Kumar Dwivedi, Judicial Magistrate, 1st Class, Munger.
(Ashok Kumar Pandey, J) Sudhanshu/- U T