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Patna High CourtCR. MISC./2157/2016rejected

Pawan Kumar @ Buggi v. The State Of Bihar

2016-04-11Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2157 of 2016 Arising Out of PS.Case No. -594 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Pawan Kumar @ Buggi, Son of Chaudhary Thakur @ Bhothan Thakur, Resident of Mohalla - Bagha, Lohiya Nagar, P.S. - Begusarai Town, District - Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bishweshwar Ram, Advocate For the Opposite Party/s : Smt. Anuradha Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 11-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Begusarai Town P.S. Case No. 594 of 2015 registered under Sections 147, 148, 149, 341, 323, 504, 379 of the Indian Penal Code and 27 of the Arms Act.

It is contended by the learned counsel for the petitioner that all the sections are bailable, except sections 379 of the Indian Penal Code and 27 of the Arms Act which have been deliberately added with a view to make the case serious. It is further contended that the petitioner has got no criminal

Patna High Court Cr.Misc. No.2157 of 2016 (3) dt.11-04-2016 2 / 2 antecedent and having got roots in the society, he is not likely to abscond or tamper with the evidence.

On the other hand, learned counsel for the State has contended that there is direct and specific allegation against the petitioner that on the point of pistol, he took away Rs. 1,700/- from the pocket of the informant and also fired upon him. Having regard to the submissions made at the Bar, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, the application for pre-arrest bail 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 this order.

(Ashwani Kumar Singh, J.) Sanjeet/- U T