Bhum Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45956 of 2016 Arising Out of PS.Case No. -69 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== Bhum Singh .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-10-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under sections 341,323,307,384,504 and 506/34 of the Indian Penal Code and section 27 of the Arms Act.
The prosecution case is that on non-payment of extortion amount of rupees one thousand the petitioner resorted to fire causing injury on the left knee of the informant. It is submitted by the learned counsel for the petitioner that the impugned order reflects that after one year of registration of the FIR the prosecution failed to produce the injury report before the learned court below. More over, for the occurrence of 23.1.2015 the FIR was registered on 7.3.2015 when the
Patna High Court Cr.Misc. No.45956 of 2016 (2) dt.22-10-2016 2/2 information was received at the police station on 23.1.2015 but there is no explanation of such delayed registration of the FIR. Subsequently, the informant retracted from the initial version. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Considering the delayed registration of the FIR and the retracted version of the informant, it is a case for consideration of the prayer for bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Amarpur P.S. Case No. 69 of 2015 pending in the court of learned CJM, Banka.
This application is disposed of with the aforesaid observation/direction.
(Dinesh Kumar Singh, J) Anil/- U T