Patna High CourtCR. MISC./11734/2016rejected

Phate Ram v. The State Of Bihar

2016-04-29Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.11734 of 2016 (3) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11734 of 2016 Arising Out of PS.Case No. -109 Year- 2001 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================

1. Phate Ram son of Late Chaitu Ram, R/o Village Kinarchola, P.S. Bhagwanpur, District- Kaimur at Bhabua..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 109 of 2001 registered for the offences punishable under Sections 147, 148, 149, 504, 323, 326, 307 of the Indian Penal Code.

Allegedly, 7-8 armed miscreants surrounded the house of the informant, assaulted the mother of the informant asking whereabout of her son and when the mother raised alarm then she was shot and the informant identified the petitioner also standing with rifle along with others.

Submission is of false implication and that there is no specific allegation against the petitioner and he is suffering in custody since 31.12.2015.

Patna High Court Cr.Misc. No.11734 of 2016 (3) dt.29-04-2016 Learned APP opposes the prayer of bail by submitting that the petitioner has got criminal antecedent as he is involved in four more cases.

In the facts and circumstances stated above, considering that prayer of pre-arrest bail of the petitioner was rejected in the year 2009 and thereafter, he remained absconding and as such, at this stage, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. However, he may renew his prayer of bail after remaining further four months in custody.

(Jitendra Mohan Sharma, J) avin/- U T