Babuwa Singh @ Pranav Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14769 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== BABUWA SINGH @ PRANAV KUMAR SINGH Son of Krishna Singh Resident of Village - Amadhahi, P.S.- Buxar Industrial Area, Distt - Buxar. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehend his arrest in connection with Buxar (Industrial Area) P.S. Case No. 14 of 2019, registered for the offences punishable under Section 147, 148, 149, 326, 307, 504, 506, of the Indian Penal Code and Section 27 of the Arms. Petitioner along with four other accused persons are said to have fired upon informant and Ram Chandra Singh making them injured as the informant did not withdraw the Buxar Industrial P.S. Case No. 18 of 2016 lodged against the petitioner and others.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner
Patna High Court CR. MISC. No.14769 of 2019(5) dt.18-06-2019 2/3 has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to animosity. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The Buxar Industrial P.S. Case No. 16 of 2018 has already been compromised between the parties. Moreover, one accused Dinbandhu Singh was not present at the place of occurrence rather he was posted in Police Kendra Jamui at the relevant time.
On the other hand, learned A.P.P. for the State vehemently opposing the bail petition submitted that the petitioner and other named persons is said to have fired upon the informant and Ram Chander Singh who have sustained firearm injury. Witnesses have also supported the occurrence, hence petitioner does not deserve bail.
Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.
However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seeks regular bail and the learned Court below is directed to pass an appropriate order in accordance with law considering all the facts and circumstances of the case without being prejudiced by
Patna High Court CR. MISC. No.14769 of 2019(5) dt.18-06-2019 3/3 this order on the very day of the filing of the petition. (Prakash Chandra Jaiswal, J) T.Kr./- U T