Abhay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56146 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -KARAKAT District- SASARAM (ROHTAS) ====================================================== Abhay Singh, son of Ramesh Singh, Resident of Village- Duari, P.S.- Karakat, District- Rohas, Sasaram.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Brajesh Kumar For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks regular bail in Karakat P.S. Case No. 109 of 2017, registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 504, 506, 326, 307, 452 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

Allegation against the petitioner and other accused persons is of making indiscriminate firing causing injury to four persons. It further appears that the petitioner is accused in one more case also.

It has been submitted on behalf of the petitioner that in this case two injured have also been examined and the other

Patna High Court Cr.Misc. No.56146 of 2017 (2) dt.23-11-2017 injured has not been examined. The petitioner is in custody since 17.08.2017 and has no final opinion has been given about the injuries.

Heard learned APP also.

Having heard both sides, considering the facts and circumstances of the case and nature of allegation, I am not inclined to release the petitioner on bail at this stage. Accordingly, the same is rejected.

However, learned court below is directed to obtain injury report as well as opinion on injury of all the injured persons. Once the nature of injury is available on the record, the petitioner is at liberty to renew his prayer for bail before the court below, itself and his prayer for shall be considered by the court below on the basis of nature of injuries.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) KKSINHA/- U T