Patna High CourtCR. MISC./22386/2017rejected

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

2017-07-25Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22386 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -TARAIYA District- SARAN ======================================================

1. AJAY KUMAR SINGH @ AJAY SINGH S/o- Shivnath Singh, Resident of Village- Madhavpur Bara, P.S.- Taraiyan, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner ad learned A.P.P. for the State.

The petitioner is languishing in jail since 08.02.2017 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code and 25 (1-b) a, 26, 37 and 35 of the Arms Act. The prosecution case as lodged by the informant is that the petitioner along with other co-accused variously armed with weapon entered the house of the informant while some construction was going on and the petitioner fired on the informant's brother, Manoj Singh which hit him on the head of the informant's brother and other co-accused persons also fired and assaulted indiscriminately to the informant and his family

Patna High Court Cr.Misc. No.22386 of 2017 (4) dt.25-07-2017 2/2 members.

It has been submitted by the learned counsel for the petitioner that he is innocent and has no criminal history and the petitioner and informant are next door neighbors and there was some property dispute.

However, learned A.P. P. for the State submits that the petitioner is named in the F.I.R. and the allegation upon the petitioner is of causing fire arm injury on the head of the brother of the informant and the opinion has been reserved regarding said injury.

Considering the facts and circumstances and the materials on record, I am not inclined to grant the privilege of bail to the petitioner at this stage.

Accordingly, prayer for bail is rejected.

(Nilu Agrawal, J) Sudha/- U T