Raj Tilak Singh @ Sumit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80749 of 2023 Arising Out of PS. Case No.-206 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== RAJ TILAK SINGH @ SUMIT SINGH S/O Ashok Singh R/O VillageTajiyapur, P.S- Pipra, Distt.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Ram Naresh Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2024 Heard the learned counsel for the petitioner and the learned APP for the State. 2.

The present petition is by way of second attempt at the behest of the petitioner for grant of bail in connection with Turkauliya (Banjariya) P.S. Case No.206 of 2019, instituted for the offences punishable under Sections 324, 307, 120B, 506/34 of the Indian Penal Code and Section 27 of the Arms Act, inasmuch as the earlier prayer of the petitioner for grant of bail was rejected by this Court, vide order dated 06.01.2023, passed in Cr. Misc. No.46388 of 2022. 3.

The case of the prosecution, in brief,

Patna High Court CR. MISC. No.80749 of 2023(2) dt.12-01-2024 2/3 according to the informant is that on 27.3.2019 at 9:30 pm., when he along with his friends Pankaj Dubey and Krishna Dubey was having tea at Shankar Dhaba situated at NH-28A, the petitioner had called the informant on his mobile phone and had desired to meet him, whereafter the petitioner had arrived there and subsequently, the petitioner had taken out a pistol from his waist and fired at the informant, resulting in him sustaining grievous firearm injuries.

4.

The learned counsel for the petitioner submits that the petitioner is languishing in custody since 30.06.2021, hence a sympathetic view be taken and the petitioner be granted bail. 5.

Per contra, the learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submission made by the learned counsel for the petitioner and taking into account the materials available on record, as also considering the

Patna High Court CR. MISC. No.80749 of 2023(2) dt.12-01-2024 3/3 aforesaid order dated 06.01.2023, this Court finds that the petitioner is the main assailant and he had fired gun shot on the informant, resulting in him sustaining several firearm injuries, which have been found to be grievous in nature, apart from the fact that the petitioner is an accused in 22 other criminal cases, hence I do not find any change in circumstance so as to warrant reconsideration of the prayer of the petitioner for grant of regular bail, thus the present petition stands dismissed, being bereft of any merit.

(Mohit Kumar Shah, J) kanchan/- U T