Niraj Singh @ Shivam Singh @ Shivam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70578 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Niraj Singh @ Shivam Singh @ Shivam Singh Rajput Son of Mukesh Singh @ Manjeet Singh, Resident of Village- Neknam Tola, P.S. Barhara, DistrictBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-05-2019 Heard the learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the opposite party no. 2. 2.

The present case is a second attempt on behalf of the petitioner for grant of regular bail in connection with Sri Krishnapuri P.S. Case No. 12 of 2018 registered for the offence punishable under Sections 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The allegation in the present case is quite serious inasmuch as the petitioner is alleged to have opened fire upon the informant and it was a mere chance that the informant escaped from receiving firearm injury.

4.

The learned counsel for the petitioner submits that the petitioner is languishing in custody since 31.1.2018 and he is

Patna High Court CR. MISC. No.70578 of 2018(4) dt.08-05-2019 2/3 ready to abide by whatsoever conditions which is thought proper by this Court to be imposed for the purposes of grant of bail.

5.

This Court finds that as many as 11 criminal cases are pending against the petitioner which shows that the petitioner is a veteran criminal, hence, this Court had refrained from granting bail to the petitioner herein. In such view of the matter, it would not be in the interest of the society to release the petitioner from custody since it will cause more peril to the public at large. This Court while rejecting the bail of the petitioner vide order dated 3.7.2018 passed in Criminal Miscellaneous No. 24692 of 2018 had further observed that ample materials have been collected during the course of investigation to proceed against the petitioner.

6.

At this juncture, it might be relevant to mention that a report dated 7.3.2019 has been received from the learned court of Additional Sessions Judge VIII, Patna wherein it has been stated that out of a total number of four accused persons, two are in judicial custody and two of the accused persons are not appearing, hence, the case is pending for appearance of the accused.

7.

Having regard to the facts and circumstances of the case,

Patna High Court CR. MISC. No.70578 of 2018(4) dt.08-05-2019 3/3 this Court is of the view that there is no change in the circumstance during the interregnum period, as also serious allegations have been levelled against the petitioner herein apart from the fact that the petitioner is having a very bad criminal antecedent, thus, this Court does not find any merit in the present petition, accordingly, the same is dismissed. (Mohit Kumar Shah, J) ajay gupta/- U T