Ambica Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40991 of 2018 Arising Out of PS.Case No. -159 Year- 2017 Thana -ARA MUFFSIL District- BHOJPUR ======================================================

1. Ambica Singh S/o Baban Singh @ Shobhan Singh, R/o Vill.- Salempur , P.S.- Chandi , Distt.- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s : Mr. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2018 Heard the parties.

The petitioner seeks bail in connection with Ara (M) P.S. Case No. 159 of 2017 for the offences under Sections 302/34 of the Indian Penal Code and 27 Arms Act. As per FIR, allegation against the petitioner is that the petitioner along with other co- accused persons caught the son of the informant in the way from the tempo and fired on him, causing death.

Submission of the learned counsel for the petitioner is that there is no eye witness of the occurrence and he has been falsely implicated in this case. It is also submitted that more over, the allegation of firing is against Ajit Kumar Singh, Santosh Kumar Singh and Munar Singh and the petitioner is in custody since 06.04.2018.

Heard learned A.P.P. as well as learned counsel for the informant drew my attention in Para-26 of the case diary which

Patna High Court Cr.Misc. No.40991 of 2018 (3) dt.24-09-2018 2/2 clearly shows that one eye witness of the occurrence has stated about this petitioner that he fired on the head and the post-mortem report shows the fire arm injury on head.

Having heard both sides and in view of the fact that I am not inclined to grant bail to the petitioner and prayer for bail of the petitioner is accordingly dismissed.

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