Patna High CourtCR. MISC./52131/2016rejected

Neeraj Kumar Singh v. The State Of Bihar

2016-12-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52131 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -KHAIRA District- SARAN ======================================================

1. Neeraj Kumar Singh son of Late Kanhaiya Singh resident of village - Rampur Kala, P.S. - Khaira, District - Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa, Adv. : Mr. Roushan Singh, Adv.

For the Opposite Party/s : Mr. Sri Yogendra Kumar, APP For informant : Mr. Rajesh Kr. Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner as well learned A.P.P. for State and informant.

The petitioner prays for anticipatory bail in connection with Khaira PS case no. 115 of 2016 registered for the offences punishable under Sections 307 and other sections of the Indian Penal Code and Sec. 27 of Arms Act.

The allegation is that the petitioner has fired on the informant causing injury.

It has been submitted on behalf of petitioner that there is delay in lodging the FIR.

Heard learned APP and learned counsel for informant also. Learned counsel for informant has submitted that

Patna High Court Cr.Misc. No.52131 of 2016 (2) dt.21-12-2016 2/2 there is direct allegation against the accused persons. Informant is injured and he has been referred to PMCH as such, there is delay in lodging the FIR Having heard both sides. In view of the facts stated above, I am not inclined to enlarge the abovenamed petitioner on anticipatory bail and accordingly, his prayer for bail stands rejected. However, petitioner may surrender before the court below and make prayer for regular bail and lower court will dispose of the bail application of the petitioner on its own merit without being prejudiced by the order of this court. (Vinod Kumar Sinha, J.) rinkee/- U T