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2025 DAILYLAW 86683 (PAT)

Raghunandan Singh v. The State of Bihar

CR. MISC./87161/2024 · 2025-01-28

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87161 of 2024 Arising Out of PS. Case No.-134 Year-2017 Thana- FATUA District- Patna ====================================================== 1. Raghunandan Singh Son of Late Saryug Singh village- Shivchak, Ps- Fatuha, Dist- patna 2. Ranjeet Singh @ Ranjeet son of Late Umesh Singh village- Shivchak, Ps- Fatuha, Dist- patna 3. Kusum Devi @ Usha Devi wife of Dilip Singh @ Dilip Prasad village- Shivchak, Ps- Fatuha, Dist- patna 4. Sulekha Devi Wife of Late Upendra Yadav village- Shivchak, Ps- Fatuha, Dist- patna 5. Guddi Devi @ Guriya Devi @ Guddi Wife of Sanjay Prasad village- Shivchak, Ps- Fatuha, Dist- patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kahkashan Alam, Advocate For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 28-01-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 354, 307, 427, 337, 379/34 of the Indian Penal Code and Section 27 of the Arms Act. 3. As per prosecution case, on 26.04.2017 petitioner No. 1 along with his son were digging tank for lavatory on the land of informant upon which informant objected. Thereafter, Patna High Court CR. MISC. No.87161 of 2024(3) dt.28-01-2025 2/3 these petitioners came at the house of informant and made indiscriminate firing. It is further alleged that on the order of petitioner No. 1 co-accused Dilip Singh and Sanjay Singh fired upon informant hitting on the chest of Pankaj Kumar and waist of Pinki Devi and petitioner Nos. 3, 4 & 5 snatched gold earring from Pinki Devi. 4. Learned counsel for the petitioners submits that petitioner No. 1 is only alleged to be the order giver. Specific accusation of causing firearms injury is against co-accused Dilip Singh and Sanjay Singh. Allegation of assault against rest of the petitioners is general and omnibus and there is no allegation of specific overt act against the petitioners. Rest of the allegations are super addition to make the case grave. Case and counter case. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the fact that specific accusation of firing is against other co-accused persons and other circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail- Patna High Court CR. MISC. No.87161 of 2024(3) dt.28-01-2025 3/3 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Patna City in connection with Fatuha P. S. Case No. 134 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Navya/- (Prabhat Kumar Singh, J) U T