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Patna High CourtCR. MISC./43261/2019bail rejected

Arbind Kumar Singh @ Arbind Singh v. The State Of Bihar

2019-09-02Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43261 of 2019 Arising Out of PS. Case No.-227 Year-1997 Thana- MUNGER MUFFASIL District- Munger ====================================================== ARBIND KUMAR SINGH @ ARBIND SINGH, Son of Rajendra Singh, Resident of Village- Kutcheri Tola, Kutlupur, Police Station- Mufassil, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Shanker Prasad For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 02-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Munger Mufassil P.S. Case No.227 of 1997 instituted for the offence under Section(s) 307 and other allied sections of Indian Penal Code and Section 27 of the Arms Act pending in the Court of the Sub-Divisional Judicial Magistrate, Munger.

It is alleged that on the date of occurrence this petitioner and other accused persons armed with deadly weapon made protest for affixing bamboo upon which Sanjay Chaudhary did not agree. It is alleged that all the accused persons started assaulting Sanjay Chaudhary with Lathi, Danda. On the order of co-accused, Nawal Singh, Naresh Singh fired

Patna High Court CR. MISC. No.43261 of 2019(4) dt.02-09-2019 2/2 from his gun which hit Sanjay Chaudhary upon which he fell down and became unconscious. Petitioner also fired from his gun, which hit the informant.

It is mentioned in the impugned order that para 102 of the Case Diary will show that this petitioner was declared absconder. On 20.11.1998, processes under Section 82-83 Cr.P.C. was issued against the petitioner. The petitioner remained absconder for 12 years. Thereafter, he has been arrested on 15.05.2019.

Therefore, this Court is not inclined to enlarge the petitioner on bail.

Prayer of the petitioner for grant of bail is rejected at this stage.

The petitioner may renew his prayer for bail after six months in the event no substantive progress is made in the trial. (Sanjay Priya, J) J. Alam/- U T