Patna High CourtCR. MISC./41407/2017rejected

Kaushal Kishore Singh @ Bhikari Singh v. The State Of Bihar

2017-09-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41407 of 2017 Arising Out of PS.Case No. -350 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Kaushal Kishore Singh @ Bhikari Singh son of Late Ram Ekbal Singh, resident of village- Dighi Kala, P.S.- Sadar, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukund Mohan Jha, Advocate For the State : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sadar Hajipur P.S. Case No.350 of 2016 registered under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act. It is submitted by the learned counsel for the petitioner that the First Information Report was instituted four days after the alleged occurrence for which no plausible explanation has been given by the informant. He has submitted that no occurrence as alleged took place and the entire case has falsely been cooked up with fake and fictitious allegation by the informant at the instance of elder brother Amar Nath Singh in order to grab the due amount

Patna High Court Cr.Misc. No.41407 of 2017 (2) dt.19-09-2017 2/2 of the petitioner.

While opposing the prayer for grant of pre-arrest bail to the petitioner, learned counsel for the State has submitted that the delay caused in filing the FIR has properly been explained and the allegation against the petitioner is that he resorted to indiscriminate firing upon the informant of the case in order to extract Rangdari from him.

Considering the submissions made on behalf of the parties and the allegations made in the FIR, I am not inclined to grant pre-arrest bail to the petitioner.

Accordingly, prayer for grant of pre-arrest bail is rejected.

In case the petitioner surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) Md.S./- U T