Ramdeo Rao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59442 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -SRINAGAR District- WEST CHAMPARAN (BETTIAH) ====================================================== Ramdeo Rao, son of Late Maina Rao, resident of Village- Jagadishpur Paterwa, Police Station- Srinagar (Pujaha), District- West Champaran at Bettiah.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Sushil Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-12-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks pre-arrest bail in connection with Srinagar (Pujaha) P.S. Case No. 85 of 2017 registered under Sections 302 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted by the learned counsel for the petitioner that from the first information report itself, it would be manifest that the petitioner is an old man aged about 75 years

Patna High Court Cr.Misc. No.59442 of 2017 (2) dt.14-12-2017 and he is said to be merely an order giver.

On the other hand, learned counsel for the informant vehemently opposed the application for grant of pre-arrest bail to the petitioner. He submitted that the petitioner is a habitual offender and prior to this case also he was made accused in a case registered under Section 302 of the Indian Penal Code. Be that as it may, regard being had to the gravity of the offence in which one person was shot dead and another injured is undergoing treatment, I am not inclined to grant pre-arrest bail to the petitioner even though he is said to be an order giver. The application is rejected.

In case the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by order of this Court. (Ashwani Kumar Singh, J.) Sanjeet/- U T