Patna High CourtCR. MISC./19813/2015disposed

Upendra Singh v. The State Of Bihar

2015-07-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19813 of 2015 Arising Out of PS.Case No. -270 Year- 2013 Thana -BALIA District- BEGUSARAI ====================================================== Upendra Singh Son of Late Muso Singh Resident of Village- Rahatpur, P.S. Ballia District Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 29-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner has renewed his prayer for anticipatory bail in connection with Ballia P.S. Case No. 270 of 2013 registered for the offences punishable under Sections 147, 148, 149, 326, 307, 302, 504 of the Indian Penal Code and 27 of the Arms Act, pending in the court of learned Chief Judicial Magistrate, Begusarai.

The prosecution case is that the FIR named accused persons surrounded the brother of the informant and on the order of Santosh Kumar, Raushan Singh caused firearm injury on the chest of the brother of the informant. Co-accused Mantosh Kumar also fired at the informant but it did not cause

Patna High Court Cr.Misc. No.19813 of 2015 (02) dt.29-07-2015 2/2 injury to anyone.

It is submitted by learned counsel for the petitioner that the prayer has been renewed on the ground that no overt act has been alleged against the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent and similarly situated co-accused Ravi Ranjan Kumar has been granted anticipatory bail vide Cr. Misc. No. 36402 of 2014.

This Court is not inclined to revise earlier order, but it is expected from the learned court below to consider the prayer for regular bail of the petitioner keeping in view of the fact that similarly situated co-accused has been granted anticipatory bail, if the petitioner surrenders before the learned court below within a period of six weeks from today. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T