Patna High CourtCR. MISC./5288/2017disposed

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

2017-02-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5288 of 2017 Arising Out of PS.Case No. -337 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Raju Kumar @ Raju Kumar Singh, S/o Late Ashok Singh, VillRatnpur- Chatarbhuj Tola- Bishanpur, P.S.- Town, Dist.- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 The petitioner is apprehending his arrest in connection with Begusarai Muffasil P.S. Case No. 337 of 2016, registered for offences punishable under Sections 324 and 307 of the Indian Penal Code and 27 of the Arms Act.

It has been submitted on behalf of the petitioner that he has been implicated in the present case only on the basis of suspicion as he heard the sound of firing and went to the informant, where he found that the said firing hit the leg of the informant and informant on suspicion that it was fired by the petitioner has named him in the present case, however, the informant, later on has filed an application stating that he had not seen the person, who had fired on her. Moreover, it is also clear from perusal of the F.I.R. that the injury was caused in the leg of

Patna High Court Cr.Misc. No.5288 of 2017 (3) dt.22-02-2017 2/2 the informant, which is not vital part of the body. Heard learned A.P.P. also.

Having heard both sides, in view of the fact that there is allegation against the petitioner of firing coupled with the fact that he is an accused in other cases too, as such, I am not inclined to grant the petitioner, the privilege of anticipatory bail, it is accordingly rejected.

however, if the petitioner surrenders before the Court below and make prayer for regular bail, his application shall be considered by the learned court below on the basis of the materials available on record, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U