Bigan Prasad Singh @ Bigan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67320 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- MAKER District- Saran ====================================================== BIGAN PRASAD SINGH @ BIGAN SINGH Son of Late Rajballam Singh Resident of Village - Pachim Thahara, P.S.- Maker, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Binod Singh For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Maker P.S. Case No.19 of 2019 registered under Sections 447, 504, 341, 302 and 307/34 of the Indian Penal Code besides Section 27 of the Arms Act, pending in the court of the Additional Chief Judicial Magistrate-XII, Saran at Chapra. The accusation is that on 10.02.2019 at about 03.30 P.M., the informant Sunil Kumar along with his family members was present at his house. At that time, Bigan Singh (petitioner) along with his two sons, namely, Navin Kumar Singh alias Pinku Kumar and Arvind Kumar Singh alias Tinku, having firearm in their hand came at his door and started to abuse. On

Patna High Court CR. MISC. No.67320 of 2019(2) dt.15-11-2019 2/3 the protest being made, all started to run for making fire at them. Due to fear, the informant and others started to flee away. In the meantime, Satish Kumar, the brother of the informant, in course of running away, fell down. Thereafter, this petitioner and Arvind Kumar caught hold of both hands of Satish Kumar, the brother of the informant, and on the order of this petitioner, Navin Kumar Singh fired from his pistol on the chest of Satish Kumar, the brother of the informant, who died, later on, in course of treatment.

Learned counsel appearing on behalf of the petitioner submits that while the petitioner is named in the F.I.R. along with his two sons but the specific allegation of making fire at the deceased, Satish Kumar, the brother of the informant, is against Navin Kumar Singh.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being

Patna High Court CR. MISC. No.67320 of 2019(2) dt.15-11-2019 3/3 prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T