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Patna High Court - Orders

Manish Kumar Singh @ Manish Singh vs The State Of Bihar on 6 July, 2021

Author: Rajendra Kumar Mishra

Bench: Rajendra Kumar Mishra

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37834 of 2020
                       Arising Out of PS. Case No.-26 Year-2020 Thana- AMARPUR District- Banka
                 ======================================================
           1.     MANISH KUMAR SINGH @ MANISH SINGH son of Rajeev Kumar
                  Singh @ Rajeev Ranjan Singh Resident of Village-Athmaha, P.S. Amarpur,
                  District- Banka
           2.    CHHOTU KUMAR SINGH son of NIRANJAN KUMAR SINGH Resident
                 of Village-Athmaha, P.S. Amarpur, District- Banka
           3.    PRITOSH KUMAR SINGH @ PARITOSH KUMAR SINGH son of LATE
                 KRISHNA NAND SINGH Resident of Village- Kajra, P.S. Amarpur,
                 District- Banka.
           4.    NIRANJAN KUMAR SINGH son of LATE KRISHNA NAND SINGH
                 Resident of Village- Kajra, P.S. Amarpur, District- Banka.
           5.    RAJEEV KUMAR SINGH son of RAMA NAND SINGH Resident of
                 Village- Kajra, P.S. Amarpur, District- Banka.
           6.    BIPIN KUMAR SINGH son of RAMA NAND SINGH Resident of Village-
                 Kajra, P.S. Amarpur, District- Banka.
           7.    RANJEET KUMAR SINGH son of RAMA NAND SINGH Resident of
                 Village- Kajra, P.S. Amarpur, District- Banka.
           8.    BIRENDRA KUMAR SINGH son of PARMANAND SINGH Resident of
                 Village- Kajra, P.S. Amarpur, District- Banka.
           9.    GULSHAN KUMAR SINGH son of SANJEEV SINGH Resident of
                 Village- Kajra, P.S. Amarpur, District- Banka.

                                                                                   ... ... Petitioners
                                                       Versus
                 THE STATE OF BIHAR
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :       Ms. Meena Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                                       ORAL ORDER

2   06-07-2021

As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 21.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Patna High Court CR. MISC. No.37834 of 2020(2) dt.06-07-2021 2/3 Heard learned counsel for the petitioners and the learned A.P.P. for the State through video conferencing.

The petitioners apprehend their arrest in connection with Amarpur P.S. Case no. 26 of 2020, registered under Sections 147, 148, 149, 323, 354(B), 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that all the petitioners in drunken condition came at the door of the informant Subhash Chandra Singh, boarding on vehicles, and started to abuse. On hearing the noise, the informant came out from his house then Manish Kumar Singh (Petitioner No.1) took out pistol from his waist and fired, but, fortunately, the firing was not hit to him and the same passed nearby his temporal region. Thereafter, Pritosh Kumar Singh (Petitioner No.3) caused injury through shoe and snatched his gold chain. At that time, Manish Kumar Singh (Petitioner No.1) made query about Balbir Singh giving threatening to kill, in the meantime, whole family members of the informant came out from the house and villagers are also reached there then all fled away from there.

Learned counsel for the petitioners submits that petitioners are co-villagers of the informant and due to dirty village politics, the informant managed to lodged the present Patna High Court CR. MISC. No.37834 of 2020(2) dt.06-07-2021 3/3 case. Further submission is that while it is alleged that firing was made by petitioner No.1, but, none has sustained injury. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 26 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/-

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