Patna High CourtCR. MISC./45419/2022bail rejected

Kanchhedwa @ Shambhu Rai v. The State Of Bihar

2022-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45419 of 2022 Arising Out of PS. Case No.-752 Year-2021 Thana- MANER District- Patna ====================================================== Kanchhedwa @ Shambhu Rai Son Of Bambam Ray @ Bambai Rai @ Bambam Resident Of Village - Hera Tola, Police Station- Maner, District - Patna.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in registered for the offence punishable under Sections 147, 302, 120B and other allied sections of the Indian Penal Code.

FIR has been lodged against 76 named and 20-30 unknown persons. The allegation against petitioner and other co-accused persons is that they demanded money and made firing, with the intention of creating panic, which hit on the chest of informant's husband, due to which, he died. It is submitted on behalf of the petitioner that from bare perusal of the FIR, it is apparent that informant is not an eye witness of the occurrence. There is no specific allegation against this petitioner of causing fire-arm injury. The allegation

Patna High Court CR. MISC. No.45419 of 2022(2) dt.06-12-2022 2/2 is general and omnibus.

Learned counsel for the State opposes the prayer for bail application submitting that petitioner is named in the FIR and due to firing caused by this petitioner, husband of the informant died and petitioner has one criminal antecedent of Arms Act.

Considering the aforesaid facts, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Navya/- U T