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Patna High CourtCR. MISC./55334/2015dismissed

Ram Umed Singh v. The State Of Bihar

2016-01-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55334 of 2015 Arising Out of PS.Case No. -22 Year- 2008 Thana -KATRA District- MUZAFFARPUR ====================================================== Ram Umed Singh son of Late Hari Nandan Singh, Resident of Village and P.S. Katra, District - Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that father of the informant constructed a 'Chachari' over the river Baghmati which raised a dispute with the accused persons including petitioner and accused Raj Kumar Bhagat fired shot on the chest of the informant's father, as a result of which he died.

It is submitted on behalf of the petitioner that he has got no criminal antecedent. Though petitioner is named in the F.I.R. but subsequently in course of investigation three unknown persons were also made accused and after trial they have been acquitted. Hence, taking into account the said fact, the benefits of the same be given to the petitioner.

On behalf of the State, it is submitted that petitioner is named in the F.I.R. and the case is of the year 2008. No reasonable explanation has been made on behalf of the petitioner why he has come to the Court after such a long period. Considering the aforesaid facts and circumstances, I am

Patna High Court Cr.Misc. No.55334 of 2015 (3) dt.20-01-2016 2 / 2 not inclined to grant anticipatory bail to the petitioner, same is rejected.

Any how, petitioner is directed to surrender in the court below, i.e., Chief Judicial Magistrate, Muzaffarpur, in connection with Katra P. S. Case no. 22 of 2008 within a period of four weeks and pray for regular bail which shall be considered and disposed of on its own merit without being prejudiced by the order of this Court.

(Sudhir Singh, J) sudip/- U T