Vikash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.400 of 2024 Arising Out of PS. Case No.-11 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== Vikash Singh Son of Suresh Singh Resident of Village - Saripur, P.O. Akhgaon, P.S. Sandesh District - Bhojpur (Ara.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Ojha, Advocate Mr. Navin Kumar Jha, Advocate Ms. Daizy Kumari, Advocate For The Opposite Party/s :

Mr. Shantanu Kumar, App ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sandesh P.S Case no.11 of 2023 registered under sections 307, 341, 323, 379 and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that as a result of altercation between the parties, there was assault from both the sides. The petitioner resorted to firing which missed the informant. Thereafter, it is stated that the petitioner struck the informant on his head with the butt of his pistol causing injuries.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There is case

Patna High Court CR. MISC. No.400 of 2024(2) dt.24-01-2024 2/2 and counter case between the parties, the correct version having been narrated in the counter case lodged by the uncle of the petitioner, F.I.R of which has been brought on record as Annexure-2 to the petition. In any case the so called injury has been found to be simple in nature. The petitioner is in custody since 27.10.2023 and charge-sheet has been submitted in the case.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR against the petitioner, no fire-arm injury having been found on the informant, the injuries on the informant having been found to be simple in nature, the petitioner having remained in custody since 27.10.2023 and investigation in the case having concluded, the petitioner is directed to be enlarged on bail in connection with Sandesh P.S Case no.11 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhojpur at Ara. (Partha Sarthy, J) Shiv/- U T