Patna High CourtCR. MISC./28346/2024bail rejected

Lal Babu Ram v. The State Of Bihar

2024-06-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28346 of 2024 Arising Out of PS. Case No.-82 Year-2013 Thana- PATAHI District- East Champaran ====================================================== 1.

LAL BABU RAM SON OF LATE MUKHLAL RAM @ SUKHLAL RAM RESIDENT OF VILLAGE - CHAMPAPUR, P.S. - PATAHI, DISTRICT - EAST CHAMPARAN 2.

CHANDRA KISHORE RAI @ CHANDRAKISHOR YADAV SON OF YOGENDRA RAI @ YOGENDRA YADAV RESIDENT OF VILLAGE - CHAMPAPUR, P.S. - PATAHI, DISTRICT - EAST CHAMPARAN 3.

MOHAN RAM SON OF SHANKAR RAM RESIDENT OF VILLAGE - CHAMPAPUR, P.S. - PATAHI, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar , Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-06-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of arms Act and 17 of CLA Act.

3. As per the prosecution case , all the F.I.R named accused persons including these petitioners along with two unknown persons came at the house of the informant and surrounded the husband of the informant and made fire upon him due to which he sustained fire arm injury in his chest and

Patna High Court CR. MISC. No.28346 of 2024(3) dt.21-06-2024 2/2 abdomen , as a result of which he died.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case . Allegation of firing is general and omnibus. No specific overt act is alleged against these petitioners. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer for bail and submits that specific allegation against these petitioner is that they made indiscriminate fire upon the husband of the informant as a result of which he received multiple fire arm injuries and died.

6. Considering the nature of accusation and gravity of offence , prayer for pre-arrest bail of the petitioners is rejected. (Prabhat Kumar Singh, J) Koushik/- U T