Patna High CourtCR. MISC./38156/2018disposed

Mukesh Singh v. The State Of Bihar

2018-07-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38156 of 2018 Arising Out of PS. Case No.-60 Year-2012 Thana- PATEPUR District- Vaishali ====================================================== Mukesh Singh, Son of Chandradip Singh, Resident of Village- Maudah Bujurg, P.S. Patepur, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-07-2018 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case got initiated on the Fardbeyan of Sunil Singh , recorded by S.I. Dharmveer Kr. Bharti of Patepur Police Station at 14.04.2012 at 09.15 P.M. to the effect that the informant was going to Patepur market along with his cousin Laxmi Singh. In the meantime, six people came on two motorcycles, out of which, the informant identified the petitioner. The petitioner and one other accused alighted from the motorcycle and shot Laxmi Singh, the cousin brother of the informant. In injured condition Laxmi Singh conveyed that

Patna High Court Cr.Misc. No.38156 of 2018(2) dt.09-07-2018 2/2 Mukesh Singh fired upon him.

It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled. Keeping in view, the fact that the petitioner is named in the FIR with specific accusation of firing and the fact that he was identified by the victim, this Court is not inclined to enlarge the petitioner on anticipatory bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if he surrenders within a period of six weeks in connection with Patepur P.S. Case No.60 of 2012, pending before the learned CJM, Vaishali (Hajipur). Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Ashwini/- U T