Patna High CourtCR. MISC./24017/2018dismissed

Ashish Kumar @ Ashish Singh v. The State Of Bihar

2018-04-26Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.24017 of 2018 (2) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24017 of 2018 Arising Out of PS.Case No. -12 Year- 2018 Thana -SHRIKRISHNAPURI District- PATNA ====================================================== Ashish Kumar @ Ashish Singh son of Sri Ram Ram @ Shreeram resident of village Apail, P.S. Sheikhpura, District Balia (U.P.) At present Mohalla Shivpuri, Road No. 2 Carbon Factory, P.S. Shastri Nagar, District Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Lovekush Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 31.01.2018 in connection with Sri Krishnapuri P.S. Case No. 12 of 2018 for the offences alleged under Sections 307, 504/34 of the Indian Penal Code and 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and even according to the F.I.R. no assault has been attributed to the petitioner and the thrust of accusations of firing is upon co-accused Nishu Khan and Shivam Singh Rajput.

4. A perusal of the F.I.R. however discloses that the petitioner along with other co-accused persons surrounded the informant and it was the petitioner who identified the informant

Patna High Court Cr.Misc. No.24017 of 2018 (2) dt.26-04-2018 and gave the order to kill him and thereafter the petitioner along with other co-accused persons chased the informant. The petitioner is accused in one case in Shastrinagar P.S. Case No. 271 of 2016 involving offence of similar nature prior to the present one.

5. Having regard to the nature of accusations and gravity of the offences alleged, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) Md. Ibrarul/- U T