Chhote Singh @ Chhotu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44566 of 2014 Arising Out of PS.Case No. -381 Year- 2014 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Chhote Singh @ Chhotu Singh, Son of Ram Bilash Singh, Resident of Village- Rahatpur, P.S.- Balia, District- Begusarai. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mrs. Soni Shrivastava, Advocate For the State : Mr. B.M.P Sinha (App) For the informant : Mr. Narendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 10-03-2015 Heard the learned counsel for the petitioner, State and the informant.
The petitioner seeks bail in Begusarai Town P.S. Case No. 381/2014 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner is to have shot fire which hit the deceased on his cheek and the other co-accused have also shot fire causing the death of the deceased on the spot itself. It is submitted that the case has been registered at 19:50 hours, whereas, the time of post mortem examination is 15:20 hours and as such, after seeing the post mortem examination report, the FIR has been lodged and the accused has been matched with the injury report. It is further submitted that the petitioner is in custody since 07.07.2014 having no criminal antecedent.
Patna High Court Cr.Misc. No.44566 of 2014 (3) dt.10-03-2015 2/2 Submission of other side is that there is specific allegation of overt act against the petitioner to have shot fire on the deceased which hit in his cheek. The post mortem examination report also shows that the deceased has fire shot injuries in his cheek. After investigation, the case has been found true.
Considering the facts and circumstances of the case, in my opinion, the petitioner does not deserve bail at this stage. His prayer is rejected.
Let the trial be expedited.
(Amaresh Kumar Lal, J) V.K. Pandey/- U T