Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26237 of 2018 Arising Out of PS.Case No. -53 Year- 2011 Thana -TANDWA District- AURANGABAD ====================================================== Sanjay Singh, S/o Late Mukhan Singh, R/o Village Ganu, P.S. Tandwa, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2018 Heard.

The petitioner seeks regular bail in connection with S.Tr. No.499/2016/127/2017 arising out of Tandwa P.S. Case No. 53 of 2011 for the offences punishable under Sections 147, 148, 149, 353, 427, 307/149 of the Indian Penal Code, section 27 of the Arms Act, 3⁄4 of Damage of Public Property Act, 17 CLA. The allegation in the present case is that the petitioner along with several unknown extremists had encircled the police station from three sides and had made indiscriminate firing on the police force with intention to kill them and also to loot and damage the government property.

The learned counsel for the petitioner submits that the petitioner is languishing in custody since two years and

Patna High Court Cr.Misc. No.26237 of 2018 (3) dt.05-07-2018 2/2 similarly situated other co-accused person has been granted bail. I have heard the learned counsel for the petitioner and perused the case diary and find that prima facie the petitioner is responsible for the alleged occurrence and moreover, several cases are pending against him and he is a veteran criminal, as such on this ground alone, the petitioner is disentitled to be granted the privilege of regular bail. In this regard, reference be had to a judgment of the Hon'ble Apex Court, reported in 2012(9) SCC 446 (Ash Mohammad Vs. Shiv Raj Singh and another). Having regard to the facts and circumstances of the case, there is no merit in the present case. The prayer for grant of regular bail to the petitioner is rejected.

(Mohit Kumar Shah, J) BTiwary/- U T