Ram Pravesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8776 of 2017 Arising Out of PS.Case No. -38 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ram Pravesh Singh, son of Jot Narayan Singh, resident of VillageMogalnia, P.S.- Madhuban, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Madhuban P.S. Case No. 38 of 2015 registered for the offences punishable under Sections 147, 148, 149, 447, 448, 341, 323, 307, 379, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner is of firing on the injured and causing injury to him.

It has been submitted on behalf of the petitioner that there is inordinate delay of two months in lodging the FIR and petitioner is no way concern with the dispute between the informant and accused persons, rather he has falsely been implicated in this case, which will appear from the statement of

Patna High Court Cr.Misc. No.8776 of 2017 (4) dt.26-04-2017 2/2 one of the witnesses in the case diary in which he has not named the petitioner, rather one co-accused has been named, who fired at the injured.

Heard learned APP also, who has opposed the prayer for anticipatory bail.

Having heard both sides and in view of the fact in FIR there is specific allegation against the petitioner of firing causing injury to the injured, which is found to be grievous in nature, I am not inclined to grant anticipatory bail to the petitioner, rather petitioner should surrender and pray for regular bail, which shall be considered by the court below on the basis of materials available in the case diary and he will pass appropriate order, without being prejudiced by this order.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U