Patna High CourtCR. MISC./21639/2017rejected

Mukesh Kumar Singh v. The State Of Bihar

2017-08-19Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21639 of 2017 Arising Out of PS.Case No. -158 Year- 2014 Thana -SHEOHAR District- SHEOHAR ======================================================

1. Mukesh Kumar Singh Son of Late Chandeshwar Singh, Resident of Village- Sundarpur Tola Tajpur, P.S. and District Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in Sheohar P.S. Case No.158 of 2014 instituted for the offences under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation has been made that one Pulsar motorcycle, on which three miscreants were boarded, was coming from the side of Kahtarwa Chauk towards the shop of the informant. One of the miscreant sitting in the middle on the motorcycle, whose face was covered with black cloth. All of them started firing , informant laid down, could save his life and due to fear of firing the informant fell down. The cause of occurrence is that the miscreants had demanded extortion money from the informant.

Patna High Court Cr.Misc. No.21639 of 2017 (5) dt.19-08-2017 Learned counsel for the petitioner submits that the person who was arrested has said that Happi Singh and Pankaj have opened fire but there is no allegation against the petitioner. In such view of the matter, this Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the petitioner surrenders before the court below within a period of four weeks from today, the court below will pass an order on its own merit without being prejudiced by the order passed by this Court. (Shivaji Pandey, J) Vinay/- U T