Patna High CourtCR. MISC./62790/2017rejected

Dilshan Singh v. The State Of Bihar

2018-01-30Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62790 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -KAJRA District- LAKHISARAI ======================================================

1. Dilshan Singh, Son of Chandra Bhushan Singh, Resident of VillagePokhrama, P.S.- Kajra, District- Lakhisarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kajra P.S. Case No.29/2017 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 504 of the Indian Penal Code and Section 27 of Arms Act.

The allegation against the petitioner is that he along with Divakar Singh, Chandrachur Singh, Manbodhan Singh and Pawan Singh were opening fire resulting Dharmraj Singh and Suraj Singh became injured due to firing and others were also injured.

Submissions is of false implication and that there is no specific allegation against the petitioner, the allegation of firing is

Patna High Court Cr.Misc. No.62790 of 2017 (2) dt.30-01-2018 2/2 general and omnibus in nature, admittedly there is land dispute and as such the petitioner deserves sympathetic consideration. Learned A.P.P. seriously opposes the prayer of prearrest bail by submitting that against petitioner there is allegation of opening fire.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected, in connection with Kajra P.S. Case No.29/2017, pending in the court of learned C.J.M., Lakhisarai.

However, in case, if so advised, petitioner surrenders and seeks regular bail then his prayer shall be considered on its own merit without being prejudiced by the order of this court. (Jitendra Mohan Sharma, J) Amit/- U