Patna High CourtCR. MISC./47681/2019rejected

Ram Balak Singh v. The State Of Bihar

2019-07-31Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47681 of 2019 Arising Out of PS. Case No.-125 Year-2019 Thana- JAMUI District- Jamui ====================================================== RAM BALAK SINGH Son of Late Garbhu Singh Resident of VillageKakan, P.S. and District- Jamui ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-07-2019 Heard both sides.

The petitioner apprehends his arrest in Jamui P.S. case No. 125/2019 registered under Section 147, 148, 149, 307, 302 of the IPC and u/s 27 of Arms Act.

The informant, son of the deceased, alleged that on 05.03.2019 while the informant and his father were loading Parali on their tractor, all the accused persons having armed with gun came on six motor cycles from two sides. They started indiscriminate firing on his father. It is further alleged that Ganga Singh @ Manish Singh made first firing which hit on the head of the father of informant. Thereafter, Vinod Singh, Uma Shanker Singh and Kamlesh Singh also fired on different parts of body of his father and father of the informant died on the spot.

Patna High Court CR. MISC. No.47681 of 2019(2) dt.31-07-2019 2/2 The learned counsel for the petitioner submits that, of course, the petitioner is named in the FIR at serial No. 14 but no specific allegation of firing is made against the petitioner. The petitioner happens to be co-villager of the informant and that is why he has falsely been implicated in the case but it appears from the FIR itself that all the accused persons having armed with different fire arms came on the spot from two sides on motor cycles and firstly they made indiscriminate firing. Thereafter, Ganga Singh @ Manish Singh, Vinod Singh, Uma Shanker Singh and Kamlesh Singh fired at the father of the informant causing his death on the spot. Since the petitioner had also come with firearm along with other accused persons, having conspired with each other to kill the father of informant, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T