Chhabbu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54599 of 2018 Arising Out of PS. Case No.-193 Year-2017 Thana- ALAMNAGAR District- Madhepura ====================================================== Chhabbu Singh S/o Jitan Singh, R/o Vill.- Gangapur Lutna Tola, P.S.- Alam Nagar, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Alam Nagar P.S. Case No. 193 of 2017 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506/34 of the Indian Penal Code And Sections 25(1-B)a, 26 & 27 of the Arms Act.

Learned counsel for the petitioner submits that there is specific allegation against this petitioner that he had made firing which hit the forehead of Santosh, he fell to the ground and become unconscious but from Annexure-2 which is a injury report it would appear that there is no gun shot injury and the injury no. 1 has been found to be simple in nature. Learned APP for the State is present and opposed for

Patna High Court Cr.Misc. No.54599 of 2018(2) dt.08-10-2018 2/2 prayer for bail. Learned APP submits that there are specific allegations against the petitioner, therefore, all these materials which have been collected in course of investigation may be considered by the court below.

Considering the facts and circumstances of the case as also on going through the impugned order passed by the learned Sessions Judge, this Court of the considered opinion that in case the petitioner surrenders in the court below within a period of two weeks from today and prays for regular bail, his prayer for bail shall be considered by the court below on the basis of the materials which have been collected in course of investigation and court below shall also consider the specific submission of the petitioner that there is no firearm injury on the body of Santosh.

This application stands disposed off, accordingly. (Rajeev Ranjan Prasad, J) avin/Ved/- U T