Patna High CourtCR. MISC./41527/2016rejected

Ram Kumar Singh @ Khalifa v. The State Of Bihar

2016-12-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41527 of 2016 Arising Out of PS.Case No. -55 Year- 2016 Thana -BAGAINGOLA District- BUXAR ====================================================== Ram Kumar Singh @ Khalifa son of Rameshwar Singh, resident of VillageBaradhi, P.S.- Bagen Gola, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in Bagen Gola P.S. case No.55 of 2016 registered under Sections 147, 148, 149, 341, 323, 307, 302 and 504 of the Indian Penal Code and Section 27 of the Arms Act, pending before the court of A.C.J.M.-I, Buxar.

Allegation is that the accused persons including the petitioner assaulted the father of the informant by means of lathi, danda, fists and slaps, due to which he received injuries and died. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. General and

Patna High Court Cr.Misc. No.41527 of 2016 (3) dt.13-12-2016 2/2 omnibus allegation has been made. No specific injury has been attributed against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. and has actively participated in the alleged offence, due to which the death had taken place. Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail is rejected. Anyhow if the petitioner surrenders in the court below within a period of six weeks from today, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T