Akhilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1324 of 2016 Arising Out of PS.Case No. -110 Year- 2013 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Akhilesh Singh Son of Lalan Singh, Resident of Village - Bhusaon, P.S. - Thave, District - Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Anita Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 302 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that on 16.05.2013 at 10:00 A.M petitioner and co-accused Dhuman Singh @ Rahul Kumar Singh, Baban Singh made indiscriminate firing causing injury on the chest of the brother of the informant Mahesh Singh and when he fell down then co-accused Chabila Singh, Nand Kishore Singh, Sonu Kumar, Bhushan Singh, Brajesh Singh, Shivjee Singh and Dhruv Singh assaulted with lathi. The victim subsequently succumbed to the injuries. It is submitted by learned counsel for the petitioner that son of the petitioner Amit Kumar @ Soni was killed at the behest of the informant's side for which petitioner's side lodged the case at earlier point of time. Moreover other co-

Patna High Court Cr.Misc. No.1324 of 2016 (2) dt.11-01-2016 2/2 accused Bipin Singh and Nand Kishore Singh have been granted anticipatory bail vide Cr. Misc. No. 41065 of 2013 and 47611 of 2013, whereas co-accused Chuman @ Rahul Kumar @ Chuman Singh @ Rahul Singh has been granted regular bail vide Cr. Misc. No. 37249 of 2015. It is further submitted that accusation of firing is omnibus and general. Moreover the petitioner was not sent up for trial and subsequently, differing with the final form, cognizance has been taken on 06.10.2015.

Considering the fact that similarly situated co-accused Chuman @ Rahul Kumar @ Chuman Singh @ Rahul Singh has been granted regular bail, son of the petitioner was killed by the informant's side and the case lodged by the petitioner's side at earlier point of time, it is a case for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Pipra Kothi P.S. Case No. 110 of 2013, pending in the Court of learned Chief Judicial Magistrate, Motihari, East Champaran. With the observations above, the application stands disposed of.

(Dinesh Kumar Singh, J) Shageer/- U T