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Patna High CourtCR. MISC./15715/2017rejected

Vivek Singh v. The State Of Bihar

2017-05-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15715 of 2017 Arising Out of PS.Case No. -120 Year- 2015 Thana -KHUSRUPUR District- PATNA ====================================================== Vivek Singh, son of Sri Balmiki Singh, resident of villageLodipur(Daniyalpur), P.S. Khusrupur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Khusrupur P.S. Case No. 120 of 2015 registered for the offences punishable under sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.

Allegedly, co-accused Ranjeet Kumar fired with country-made Katta which hit ribs caze of Tinku Kumar, Munni Singh fired with country-made Katta which hit left side of the abdomen of Tinku Kumar and the petitioner opened fire which hit below the chest in abdomen and all the accused after opening fire fled away. Tinku Kumar was brought for treatment in a private central hospital from where he was referred to PMCH and at PMCH he was declared dead. The occurrence was caused due to

Patna High Court Cr.Misc. No.15715 of 2017 (3) dt.15-05-2017 2/2 non-payment of ransom amount of Rs. 5 lacs.

Submission is of false implication and that the petitioner is in custody since 11.07.2016, he has got no criminal antecedent, the post-mortem report does not corroborate the prosecution version and as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. opposes the prayer for bail.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant bail to the petitioner, accordingly, his such prayer stands rejected.

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