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Patna High CourtCR. MISC./25443/2015dismissed

Ram Lala Singh v. The State Of Bihar

2015-07-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25443 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -DINARA District- SASARAM (ROHTAS) ====================================================== Ram Lala Singh, son of Sri Rajendra Singh, resident of Village - Samuhati, Police Station - Dinara, District - Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Singh, Advocate. For the Opposite Party/s : Mr. Meena Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Later on, Section 302 of the Indian Penal Code was added.

The informant himself disclosed that while he was enjoying dance on the occasion of marriage of the niece of the petitioner, the petitioner Ram Lala Singh was loading his countrymade pistol and when Sonu Singh tried to snatch the pistol, the petitioner fired which hit on the thigh of the informant. Learned counsel for the petitioner submits that Sonu Singh @ Sonu Kumar has already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 21568/2015. The informant was in semi-conscious state and the injury report suggests that he was serious; therefore,

Patna High Court Cr.Misc. No.25443 of 2015 (2) dt.16-07-2015 2/2 his Fardbeyan is doubtful. The petitioner has got no criminal antecedent.

It appears that none-else than the injured, who succumbed to his injuries, himself disclosed that it was the petitioner who was firstly loading his country-made pistol and when Sonu Singh @ Sonu Kumar tried to snatch the arms, the petitioner fired which hit on the thigh of the informant. The doctor also found corresponding injuries on the person of the informant who succumbed to the injuries. The case of the petitioner is quite different from the case of Sonu Singh @ Sonu Kumar. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Dinara P.S. Case No. 53/15. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Dilip/- U T