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Patna High Court – Orders
Shri Bhagwan Singh vs The State Of Bihar on 16 May, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.49 of 2022
Arising Out of PS. Case No.-584 Year-2018 Thana- BIKRAMGANJ District- Rohtas
======================================================
1. Shri Bhagwan Singh Son of Late Ramashish Singh Resident of Village -
Rauni, P.S. - Bikramganj, District - Rohtas.
2. Hazari Singh Son of Late Ramashish Singh Resident of Village - Rauni, P.S.
- Bikramganj, District - Rohtas.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Baxi S.R.P. Sinha, Sr. Advocate
Mr. Ravi Bhushan, Advocate
For the State : Mr. Dilip Kumar Sinha, APP
For the Informant : Mr. Raghunandan Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
16 16-05-2025
A copy of the written objection has
been filed across the Board.
2. Let the fresh written filed on behalf of
the State be taken on record.
Re. I.A. No. 01 of 2024 :-
3. We have heard Mr. Baxi S.R.P. Sinha,
the learned Senior learned Advocate for the
Patna High Court CR. APP (DB) No.49 of 2022(16) dt.16-05-2025
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appellant/ applicant No. 2, viz., Hazari Singh,
whose prayer for suspension of sentence was
earlier rejected vide order dated 24.08.2023
passed by this Court and Mr. Dilip Kumar Sinha,
the learned APP for the State. The informant is
represented by Mr. Raghunandan Kumar Singh,
the learned Advocate.
4. The appellant has been convicted
under Sections 302/34, 307, 323, 324, 325
and 341 of the Indian Penal Code and Section
27(1) of the Arms Act, 1959 vide judgment
dated 18.11.2021 passed by the learned
Additional Sessions Judge-IX, Sasaram, Rohtas
in Sessions Trial No. 280 of 2019, arising out of
Bikramganj P.S. Case No. 584 of 2018. By
order dated 22.11.2021, he has been
sentenced to undergo imprisonment for life, to
pay a fine of Rs. 20,000/- and in default of
payment of fine, to further suffer S.I. for three
months under Section 302/34 of the IPC; R.I.
Patna High Court CR. APP (DB) No.49 of 2022(16) dt.16-05-2025
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for ten years, to pay a fine of Rs. 10,000/- and
in default of payment of fine, to further suffer
S.I. for three months under Section 307 of the
IPC; S.I. for six months under Section 323 of
the IPC; S.I. for two years under Section 324 of
the IPC; S.I. for four years, to pay a fine of Rs.
1000/- and in default of payment of fine, to
further suffer S.I. for one month under Section
325 of the IPC; and S.I. for thee years to pay a
fine of Rs. 1000/- and in default of payment of
fine, to further suffer S.I. for one month under
Section 27(1) of the Arms Act, 1959.
5. The sentences have been ordered to
run concurrently.
6. The records reveal that on the orders
of co-accused/Shri Bhagwan Singh, the
appellant/Hazari Singh fired from his weapon,
which hit the deceased.
7. The FIR has been lodged by the son
of the deceased.
Patna High Court CR. APP (DB) No.49 of 2022(16) dt.16-05-2025
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8. From the averments made by the
witnesses during the Trial, it appears that there
was no specific intention to kill the deceased,
but firing was resorted to only for the reason of
silencing the other side as also for instilling
fear in the minds of the objectors. The entire
dispute had arisen because of the prosecution
party trying to carve out a drain on their land,
which was objected to by the accused persons.
9. In any view of the matter, the
consistent evidence is that the shot fired by the
appellant/Hazari Singh led to the death of the
deceased.
10. The post-mortem report is in sync
with the ocular testimony.
11. Mr. Baxi S.R.P. Sinha, the learned
Senior Advocate has submitted that in the
melee, it was not possible for the son of the
deceased to have seen and given a graphic
description of how the weapon of assault was
Patna High Court CR. APP (DB) No.49 of 2022(16) dt.16-05-2025
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brought from the house of Shri Bhagwan Singh
and handed over to the appellant for him to fire
at the crowd, which accidentally hit the
deceased.
12. Admittedly, there is no bad blood
between the deceased and the appellant.
13. It has also been submitted that the
appellant/applicant has remained in jail for
about six years by now.
14. The learned counsel for the State as
also the informant have submitted that there is
specific accusation of firing at the deceased by
the appellant/applicant.
15. Considering the nature of evidence
against the appellant/applicant, we are not
inclined to suspend his sentence presently.
16. The prayer for suspension of
sentence of the appellant/applicant is, thus,
rejected.
17. However, looking at the period of
Patna High Court CR. APP (DB) No.49 of 2022(16) dt.16-05-2025
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custody of the appellant/applicant, we do
observe that if the appeal is not heard finally
within a period of one year from today, it
would be open for the appellant/applicant to
approach this Court again, either for
suspension of sentence or for getting an early
date fixed for hearing of this appeal.
18. I.A. No. 01 of 2024 stands disposed
off accordingly.
(Ashutosh Kumar, ACJ)
(Alok Kumar Pandey, J)
Sauravkrsinha/
Praveen-II-
U
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