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Patna High CourtCR. MISC./43121/2016dismissed

Dilip Singh v. The State Of Bihar

2016-10-22Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 43121 of 2016 Arising Out of PS.Case No. -5 Year- 2006 Thana -KOTHI District- GAYA ====================================================== Dilip Singh Son of Late Rajendra Singh @ Rajan Singh Resident of villageKendua, Police Station- Imamganj, District- Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nishant Kumar Sinha For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

22-10-2016 Heard Sri Nishant Kumar Sinha, learned counsel for the petitioner and Smt. Gulnar Begam, learned Addl. Public Prosecutor.

The sole petitioner, who is named as accused in Kothi P.S. Case No. 05 of 2006 registered for offence under Section 302 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act, 1959, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that during investigation, none of the witnesses have said that arm used by the petitioner hit anyone, only allegation is there that petitioner also fired in the occurrence. On aforesaid ground, he has made a prayer for grant of bail.

On perusal of the statement made in paragraph - 3 of

Patna High Court Cr.Misc. No.43121 of 2016 (3) dt.22-10-2016 2/2 the petition, it appears that petitioner is accused in other two cases also, out of which, one has been registered under Section 302 of the Indian Penal Code. Besides this, in the F.I.R., there is allegation that petitioner had opened fire.

In view of allegation and antecedent, I do not find any ground to extend the privilege of bail.

Dismissed.

(Rakesh Kumar, J.) Anay U T