Sk. Bairister v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55931 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -MANPUR District- WEST CHAMPARAN (BETTIAH) ====================================================== Sk. Bairister, son of Late Ali Hussain, resident of village- Parsauni, P.S.- Sahodra, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Manpur P.S. Case No. 10 of 2015 registered under Section 147, 148, 149, 341, 323, 307 of the Indian Penal Code and 27 of the Arms Act.

It is contended that there is no specific allegation against the petitioner of causing injury to anyone. In all, six persons have been named in the FIR and there is general and omnibus allegation that someone fired from behind causing simple and superficial pellet injury to the informant.

Patna High Court Cr.Misc. No.55931 of 2015 (2) dt.14-12-2015 2 / 2 On the other hand, learned counsel for the informant and learned counsel for the State have vehemently opposed the prayer for bail of the petitioner. They have stated that the petitioner is facing at least two dozen cases of serious nature. They submit that the petitioner is one of the named accused in the FIR and though the allegation is general and omnibus, the fact of the matter is that his application for bail in one another case has been rejected by this Court. Be that as it may, regard being had to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner for the present. Accordingly, the application for bail is rejected.

In case the trial is not concluded within six months from the date of framing of charges, the petitioner would be at liberty to renew his prayer for bail before the court below itself. (Ashwani Kumar Singh, J.) Sanjeet/- U T