Dismissed¶22

Pintu Singh v. The State of Bihar

Patna HC20 Jul 2024CR. MISC./42850/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.42850 of 2024, decided 20-07-2024 by Partha Sarthy, J. Bail application apprehending arrest by Pintu Singh versus The State of Bihar, arising out of Chapra Town P.S. Case No. 14 of 2024 (District Saran) under sections 307, 341, 324, 326, 506, 34 IPC and section 27 Arms Act. Alleged firing causing firearm injury to informant; conflicting medical reports (Annexures 3-6), Ruban Memorial Hospital entry/exit wound findings, Medical Board recommendation not acted upon. Bail refused, application rejected, petitioner directed to surrender within four weeks. Advocates: Dewendra Narayan Singh (petitioner), Shailendra Kumar, APP (State).

What did the court decide?

No relief; bail application rejected and petitioner directed to surrender in the learned Court below within four weeks. ¶22

Pintu Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No relief; bail application rejected and petitioner directed to surrender in the learned Court below within four weeks.

¶22

Issue for consideration

Whether the petitioner should be enlarged on bail, apprehending his arrest in connection with Chapra Town P.S. Case No. 14 of 2024 (sections 307, 341, 324, 326, 506 and 34 IPC; section 27 Arms Act). +1 more

¶15

Court's answer

The Court is not inclined to enlarge the petitioner on bail and the bail application is rejected.

¶22

Ratio / Principle

In declining bail, the Court took into consideration the allegations against the petitioner in the FIR together with the contents of the hospital report recording one wound of entry and one wound of exit.

¶22

Key takeaways

The petitioner is directed to surrender in the learned Court below within a period of four weeks.ratio¶23

Detailed headnote1 paragraphs

Application for bail apprehending arrest (Cr. Misc. No.42850 of 2024, Patna High Court) arising out of Chapra Town P.S. Case No. 14 of 2024, District Saran, registered under sections 307, 341, 324, 326, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act. Per the prosecution case, the petitioner along with other accused persons caught hold of the informant and, on the pretext that the informant had stabbed someone, the petitioner resorted to firing causing a firearm injury to the informant's back, while other accused persons assaulted Aman Giri causing head injuries. Petitioner's counsel relied on conflicting medical records (Annexures 3-6): no firearm injury per the injury report at Annexure-3; Ruban Memorial Hospital, Patna initially reporting two entry wounds (Annexure-4) subsequently corrected to one wound of entry (Annexure-5); and the Sadar Hospital, Chhapra doctor recommending constitution of a Medical Board which was not constituted; a protest petition by the informant regarding another person's head injury was said to be unsupported by medical examination. The informant's side asserted direct allegation of firing resulting in firearm injury substantiated by the hospital report. Having regard to the FIR allegations together with the Annexure-5 hospital report recording one wound of entry and one wound of exit, the Court (Partha Sarthy, J.) declined to enlarge the petitioner on bail, rejected the application, and directed the petitioner to surrender in the learned Court below within four weeks.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42850 of 2024

¶2

Arising Out of PS. Case No.-14 Year-2024 Thana- CHAPRA TOWN District- Saran

¶3

======================================================

¶4

Pintu Singh Son of Late Suresh Singh Resident of Village-Rawal Tola, Chhota Telpa, P.S-Chapra Town, Dist-Saran at Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance :

¶10

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

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2 20-07-2024

¶13

Heard learned counsel for the parties.

¶14

The petitioner in this application prays for bail

¶15

apprehending his arrest in connection with Chapra Town P.S. Case no.14 of 2024 registered for the offence punishable under sections 307, 341, 324, 326, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

¶16

As per the prosecution case, the informant states that the accused persons including the petitioner caught hold of the informant and threatening him that as to why the informant had stabbed him, the petitioner resorted to firing as a result of which the informant sustained firearm injury in his back. At this time, the other accused persons took away Aman Giri and assaulted him as a result of which he sustained injuries in his head.

¶17

Patna High Court CR. MISC. No.42850 of 2024(2) dt.20-07-2024 2/3

¶18

Learned counsel for the petitioner submits that nephew of the petitioner had lodged the case against the informant which is Annexure-2 to the petition for the reason that the informant had stabbed him. The instant case has been lodged falsely implicating the petitioner because of the said case. Referring to the injury report at Annexure-3, it is submitted that no firearm injury was found. Further, according to Annexure-4 issued by the Ruban Memorial Hospital at Patna, two entry wounds were found which was subsequently corrected in Annexure-5 wherein one wound of entry was found. Further reference is made to Annexure-6 wherein the doctor at Sadar Hospital in Chhapra not finding firearm injury as mentioned by the Ruban Memorial Hospital recommended for constitution of the Medical Board however, the same was not constituted. It is lastly submitted that a protest petition has also been filed by the informant wherein it has been stated that another person had sustained head injury which has not been found true in the medical examination.

¶19

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that there is direct allegation against this petitioner of having resorted to firing

¶20

Patna High Court CR. MISC. No.42850 of 2024(2) dt.20-07-2024 3/3

¶21

resulting in firearm injury to the informant which is substantiated from the report of the hospital.

¶22

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR together with the contents of the report of the hospital wherein one wound of entry and one wound of exit has been found in the report enclosed at Annexure-5, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

¶23

The petitioner is directed to surrender in the learned Court below within a period of four weeks.

¶24

(Partha Sarthy, J)

¶25

Saurabh/-

¶26

U T

Pintu Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pintu Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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