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Patna High CourtCR. MISC./63618/2018dismissed

Jitendra Kumar Singh @ Jitendra Rai @ Munna v. The State Of Bihar

2018-12-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63618 of 2018 Arising Out of PS. Case No.-49 Year-2018 Thana- DUMRAO District- Buxar ====================================================== Jitendra Kumar Singh @ Jitendra Rai @ Munna S/o late Lallan Rai Resident of Village- Chilahari, P.S. Dumraon (Naya Bhojpur O.P.), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vindhyachal Singh, Advocate.

Mr. Rajeev Ranjan, Advocate.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2018 The petitioner seeks bail in connection with Dumaraon (Naya Bhojpur O.P.) P.S.Case No. 49 of 2018 registered under Sections 147, 148, 149, 307, 323, 341, 506 and 120BB of the Indian penal Code and 27 of the Arms Act.

Allegation against the petitioner and other accused persons is that they intercepted the informant and others and pressurized them to compromise a case earlier lodged by the informant. Thereafter, upon refusal, the petitioner and other accused persons fired at the elder brother of the informant causing injury in his abdomen and at the same time, other accused persons also fired upon the nephew of the informant. Submission of learned counsel for the petitioner is that three persons are said to have fired upon the elder brother of the

Patna High Court Cr.Misc. No.63618 of 2018(3) dt.12-12-2018 2/2 informant but he received only one injury. So far earlier case is concerned, in that case trial has been concluded and other accused persons have been convicted on 18.01.2018. Whereas present FIR has been lodged on 14.02.2018 and considering the same, one of the co-accused has been granted bail by a coordinate Bench of this Court vide order dated 30.03.2018 passed in Cr. Misc. No. 17779 of 2018 and petitioner is in custody since 21.08.2018.

Heard learned APP as well as learned counsel for the informant, who have opposed the prayer of bail stating that other accused persons have been convicted in earlier case and in this case, there is allegation against the petitioner is of firing. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage. However, once charge is framed, petitioner will have liberty to renew his prayer of bail. Accordingly, the application stands dismissed. (Vinod Kumar Sinha, J) sujit/- U T