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Patna High CourtCR. MISC./16055/2015rejected

Nimdhari Singh @ Nemdhari Singh v. The State Of Bihar

2015-04-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16055 of 2015 Arising Out of PS.Case No. -53 Year- 2011 Thana -RAJAPAKAR District- VAISHALI (HAJIPUR) ====================================================== NIMDHARI SINGH @ NEMDHARI SINGH, Son of Late Dahaur Singh, Resident of Village - Bahuara, P.S -Rajapakar (Barati O.P), District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anupam Sinha For the Opposite Party/s : Md. Fahimuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-04-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 307 and others sections of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is alleged to have dashed the informant and, for that, some verbal altercations took place. Thereafter, the petitioner fired and the informant got providential escape. It is submitted that the petitioner is aged about 75 years. He is retired army personnel. He is suffering from different ailments including heart disease.

It appears that the prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 12.10.2011 passed in A.B.P. No. 1639/11 with a direction that the petitioner shall surrender and pray for regular bail but the petitioner did not appear

Patna High Court Cr.Misc. No.16055 of 2015 (2) dt.28-04-2015 2/2 for about four years and again filed Anticipatory Bail Petition in the year 2014.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Rajapakar (Barati O.P.) P.S. Case No. 53 of 2011. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T