Patna High CourtCR. MISC./24728/2016rejected

Kamta Singh v. The State Of Bihar

2016-08-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24728 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Kamta Singh Son of Late Ram Chandra Singh Resident of village- Bisounia Bal, P.S.- Bikramganj, District- Rohtas .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. S.M.Khan, Sr.Adv. Mr. Chandra Bhushan Das, Adv.

For the Opposite Party/s : Mr. Sanjay Kumar Singh (App) For the informant : Mr. Vinod Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Bikramganj P.S.Case No. 12/2016, disclosing offences under sections 341, 324, 307, 504 of the Indian Penal Code. The petitioner is said to have opened fire with his rifle hitting the informant in his leg.

Learned counsel for the petitioner has submitted that it is evident from the First Information Report that the occurrence had taken place out of dispute between the parties over passage. He has also submitted that co-accused Ram Naresh Singh has been granted privilege of anticipatory bail by the order dated 1.6.2016

Patna High Court Cr.Misc. No.24728 of 2016 (5) dt.20-08-2016 passed in Cr.Misc.No. 15495/2016.

On the premise that the injury report was prepared 22 days after the date of occurrence showing injury to be minor in nature this Court granted anticipatory bail in favour of co-accused Ram Naresh Singh. However, from the injury report it appears that the injury has been found to be grievous in nature caused by firearm. In such circumstance, I am not inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, rejected.

The petitioner is directed to surrender before the court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merits without being prejudiced by rejection of present application for grant of anticipatory bail. (Chakradhari Sharan Singh, J) Surendra/- U