Om Prakash @ Gabbar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28623 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Om Prakash @ Gabbar, aged about 28 years

2. Rohit alias Rocky, aged about 24 years, both sons of Arun Shah, all resident of Mohalla Rambhadra, P.S. Nagar (Town), Hajipur, District Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Dubey, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2016 Heard learned counsel for the Petitioners, the State and the informant.

The Petitioners seek bail in Hajipur Nagar (Town) P.S. case No.87 of 2016 instituted for the offences under Sections 341, 324, 436, 386, 307, 452, 120(B), 506/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of the Chief Judicial Magistrate at Hajipur (Vaishali).

The allegation is that the accused persons including the petitioners have fired upon the uncle of the informant with an intention to kill him.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 16.5.2016 and the charge sheet has been submitted in the present case. There is no

Patna High Court Cr.Misc. No.28623 of 2016 (4) dt.15-09-2016 2/2 allegation of tampering of witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. No specific injury has been attributed against the petitioners.

On behalf of the State and the learned counsel for the informant, it is submitted that the petitioners are named in the F.I.R. There is specific allegation against the petitioners for firing upon the deceased. From perusal of the injury report, it appears that there are four firearm injuries on the body of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioners. The same is rejected. (Sudhir Singh, J) Narendra/- U T