Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38441 of 2019 Arising Out of PS. Case No.-151 Year-2018 Thana- KHODAWANDPUR District- Begusarai ====================================================== RAHUL SINGH Son of Babloo Singh Resident of Village - Shyampur, P.S.- Khodawandpur, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Khodwandpur P.S.Case No.151 of 2018 dated 16.7.2018 registered for offences punishable under Sections 341, 307, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of firing repeatedly on the informant causing injury of his elbow and waist. Submission of the learned counsel for the petitioner is that there is land dispute between the parties from before and the petitioner has no criminal antecedent. Further submitted that the other co-accused persons have been granted anticipatory bail by the Co-ordinate Benches of Court, vide order dated 19.2.2019 passed in Cr. Misc. No.9857 of 2019 and order dated

Patna High Court CR. MISC. No.38441 of 2019(4) dt.20-09-2019 2/2 3.5.2019 passed in Cr. Misc. No.28910 of 2019. Heard learned A.P.P. also, who has submitted that though the injury report is available on the record but that is not legible..

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender before the learned court below within a period of two weeks from the date of receipt of the order and pray for regular bail, which will be considered by the learned court below, considering the nature of the injury and other materials available against him. Learned court below shall also consider that other accused persons have been granted privilege of anticipatory bail by this Court and considering the above, the learned court below shall dispose of the prayer for bail, if possible on the same day. With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T