Bablu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33166 of 2016 Arising Out of PS.Case No. -70 Year- 2014 Thana -CHANDRADEEP District- JAMUI ======================================================

1. Bablu Singh Son of Late Lakhan Singh resident of Village- Begwa, P.S.- Chandradeep, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2016 Heard both sides.

The petitioner apprehends his arrest in Chandradip P.S. Case No. 70 of 2014, registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code. The informant, brother of the deceased, named the petitioner and alleged that while his brother was going on motorcycle, the petitioner along with others came on Bolero and tried to surround him but his brother tried to flee away but fell down from the motorcycle. Thereafter all the accused persons made firing causing death of his brother, Pramod Yadav on the spot. In firing, one of the associates of the accused persons also sustained firearm injury and the accused persons fled away on the Bolero.

Patna High Court Cr.Misc. No.33166 of 2016 (3) dt.22-09-2016 2/2 Learned counsel for the petitioner submits that there is omnibus and general allegation of firing against the petitioner. Similarly situated co-accused have been granted regular bail vide order passed in Cr. Misc. Nos. 5118/2015, 20662/2015 and 44232/2015.

It appears that there is specific allegation that the petitioner and other accused persons made indiscriminate firing on the deceased. The informant is one of the eye-witnesses of the occurrence. Many persons saw the occurrence and disclosed that the petitioner also made firing.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Rakhi U T