Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41784 of 2011 ====================================================== 1. Sunjay Singh S/O Late Ranjeet Singh Resident of Village- Saraia, P.S.- Dariyapur, District- Saran .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. N.A. Shamshi, Adv. Mr. Abu Haider, Adv. For the Opposite Party : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 4 23-02-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Dariyapur P.S. Case No. 26 of 2008 for the offences punishable under [STATUTE] and Section 27 of the Arms Act. Learned counsel for the petitioner with reference to the allegation set out in the F.I.R. submits that two persons namely, Abhishek Kumar Singh @ Guddu Singh and this petitioner have been charged with indiscriminately firing over the informant, his brother and his father causing gunshot injuries on their person. The gunshot injury on the father of the informant proved fatal and he succumbed to the gunshot injuries. Patna High Court Cr.Misc. No.41784 of 2011 (4) dt.23-02-2012 2 / 2 2 Learned counsel further submits that the perusal of the statement made by the nephew of the deceased Manoj Kumar Singh present in paragraph 93 of the case diary which was recorded immediately on the arrival of the deceased at the P.M.C.H, by the A.S.I. of Pirbahor Police Station, shows that the gunshot which led to the death of his uncle Rajendra Prasad Singh was attributed to co-accused Abhishek Kumar Singh @ Guddu Singh and the gunshot fired by this petitioner had injured the brother of the informant namely Ajit Kumar Singh. It is not in dispute that the injury report of the informant and his brother Ajit Kumar Singh does show gunshot injuries on their person although stated to be simple in nature. Considering the circumstances that the petitioner has been attributed to causing gunshot injuries on the brother of informant, supported by medical evidence, no case for indulgence is made out. The application is dismissed. Bibhash (Jyoti Saran, J)

Applicable IPC Section: 448

Statute Text:
Section 448 of the Indian Penal Code. House-trespass. Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.