Babua Mukhiya @Babula L Mukhiyaukhia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 50819 of 2015 Arising Out of PS.Case No. -36 Year- 1998 Thana -ALOULI District- KHAGARIA ====================================================== Babua Mukhiya @ Babulal Mukhiya son of Bindeshwari Mukhiya, resident of village Ratnaha, P.S. Alouli District Khagaria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Aditya Nr. Singh1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

10-11-2015 Heard Sri Arvind Kumar Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, who is in custody only since 12-08-2015 in Alauli P.S. Case No. 36 of 1998 registered for the offence under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act, 1959, has prayed for grant of bail.

Learned counsel for the petitioner submits that it is true that there was allegation of firing against the petitioner, but fact remains that the injury was found on the thigh of the informant and as such, it may not be a case under Section 307 of the Indian Penal Code.

Keeping in view the fact that there is allegation

Patna High Court Cr.Misc. No.50819 of 2015 (2) dt.10-11-2015 2/2 against the petitioner of firing, which hit the person and also the fact that the petitioner was named in the F.I.R., which was lodged in the year 1998, there is no reason for granting bail to the petitioner.

The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T