Patna High CourtCR. MISC./35176/2018dismissed

Sumit Prakash @ Ranjan Singh v. The State Of Bihar

2018-08-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35176 of 2018 Arising Out of PS.Case No.-4 Year- 2018 Thana -EKMA District- SARAN ======================================================

1. Sumit Prakash @ Ranjan Singh son of Sri Shyam Bahadur Singh, Resident of Village- Bhuily, P.S.- Ekma, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Ekma P.S.Case No.4 of 2018 dated 13.12.2017 registered for offences punishable under Sections 307, 379, 385, 147, 148, 149, 341 and 323 of the Indian Penal Code.

Allegation against the petitioner is of demand of extortion and also of firing along with other accused persons though that did not hit anybody.

Submission of the learned counsel for the petitioner is that there is inordinate delay in lodging the FIR and further there is case and counter case between the parties and the petitioner has also received grievous injury, whereas the opinion about the injury of the informant side has not been brought on the record.

Patna High Court Cr.Misc. No.35176 of 2018 (3) dt.21-08-2018 2/2 Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that there is allegation of demand of extortion against the petitioner and firing also and prayer of one of the co-accused having similar allegation has been rejected by this Court vide order dated 17.7.2018 passed in Cr. Misc. No.36537 of 2018. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T