Rambabu Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38800 of 2015 Arising Out of PS.Case No. -176 Year- 2011 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rambabu Prasad son of Bhola Prasad .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Ramesh Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-10-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 307, 387, 504, 109 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case is that six FIR named accused persons along with two unknown came variously armed with country made pistol when on the order of Madan Sah coaccused Raj Kumar fired, causing injury to the informant. It is submitted by learned counsel for the petitioner that specific accusation of causing fire arm injury to the informant is against co-accused Raj Kumar. It is further submitted that petitioner was not sent up for trial but differing with the Final Form cognizance has been taken. Statement has
Patna High Court Cr.Misc. No.38800 of 2015 (3) dt.05-10-2015 2/2 been made in paragraph 3 of the petition that petitioner has no criminal antecedent. Though supplementary affidavit has been filed stating therein that petitioner is accused in two more cases such as Ghorasahan P.S. Case No.33 of 1991 registered under sections 147, 149, 307, 452, 380 and Chhauradano P.S. Case No.30 of 1994 registered under sections 143, 144, 188, 337, 323, 353 of the Indian Penal Code in both the cases he is on bail.
Considering the facts that accusation of assault is not against the petitioner and co-accused have been granted anticipatory bail vide Criminal Miscellaneous No.30267 of 2015 and Criminal Miscellaneous No.22306 of 2015, it is a case for consideration of prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Ghorasahan P.S. Case No.176 of 2011, pending before the learned SDJM, Sikrahana, East Champaran at Motihari.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T