Ashok Singh @ Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49025 of 2015 Arising Out of PS.Case No. -692 Year- 2014 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Ashok Singh @ Ashok Kumar Singh Son of Rajbali Singh R/o Bhokhari, P.S.-Kargahar, District-Rohtas, presently resident of Gajradh, Ward No.-4, P.S.-Sasaram (Modal), District-Rohtas.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Umesh Kumar, Advocate. For the Opposite Party : Mr. Aditya Narayan Singh -1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-03-2016 Heard the learned counsel for the petitioner, the learned A.P.P for the State as also the learned counsel for the Informant.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 504, 506 and 307 of the I.P.C and section 27 of the Arms Act.

Accusation is that the petitioner and other co-accused being armed with rifle and further other co-accused armed with pistol opened fire resulting Sachin, Nitesh and Himanshu were injured and during treatment the right leg of Sachin was amputated.

Submission is of false implication and that there is

Patna High Court Cr.Misc. No.49025 of 2015 (4) dt.08-03-2016 2/2 case and counter case, the informant's side was aggressor, there is no specific allegation against the petitioner and he has voluntarily surrendered on 03.08.2015 and since then he is in custody. The learned A.P.P. duly assisted by the learned counsel for the informant opposes prayer for bail by submitting that the witness Sachin Singh has stated specifically that the petitioner shot with rifle, vide paragraph-66 of the case diary, and the prayer for bail of the two co-accused Ajay Singh and Vijay Singh have already been rejected.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, at this stage this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Sasaram (Modal) P.S. Case No. 692 of 2014 pending in the court of C.J.M. Rohtas at Sasaram.

However, the petitioner may renew his prayer for bail after remaining nine months in custody from the date of his remand.

(Jitendra Mohan Sharma, J) Abhay/- U T