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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43600 of 2019 Arising Out of PS. Case No.-210 Year-2018 Thana- KARAKAT District- Rohtas ====================================================== AJAY SINGH@AJAY KUMAR SINGH Son of Chandrasheikhar Singh Resident of Village - Etahiya, P.S.- Karakat, Dsit.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-07-2019 Heard the parties.

The petitioner seeks pre-arrest bail in Karakat P.S. Case No.210 of 2018 registered for the offence under Sections 147, 148, 149, 341, 323, 307 of the I.P.C. and Section 27 of the Arms Act.

Accusation is that due to dispute of the road situated in village of between Etadhiya and Kahuwara seven persons named in the F.I.R.including fifteen unknown persons having variously armed came and caused assault Dharmraj Kumar, Pradeep Kumar, Ramawatar Singh. At that time this petitioner fired from his katta at Jay Kumar with intent to kill him who was rushed to the hospital.

Learned counsel for the petitioner submits that while

Patna High Court CR. MISC. No.43600 of 2019(2) dt.16-07-2019 2/2 the occurrence took place on 07.11.2018 the present case has been lodged on 16.11.2018 after nine days of the occurrence. In fact, when through the land of the petitioner the villagers tried to make thoroughfare due to which occurrence of mar pit took place regarding which Karakat P.S.Case No.211 of 2018 against the prosecution side is also instituted on 17.11.2018 on the basis of written fardbeyan of co-accused Chandra Shekhar Singh, father of the petitioner. Further submission is that as per injury report lacerated injury was found on the left hand of the son of the informant which is said to be simple in nature. Opinion is kept reserved is about whether the firearm injury was of gun shot.

Looking to the facts and circumstances of the case, I am not inclined to grant pre-arrest bail to the petitioner. The prayer for bail of the petitioner is rejected. However, petitioner is directed to surrender before the court below within four weeks which shall be considered on its own merit without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) aks/- U