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Patna High CourtCR. MISC./53243/2017rejected

Rishi Deo Singh v. The State Of Bihar

2017-11-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53243 of 2017 Arising Out of PS.Case No. -345 Year- 2016 Thana -DANAPUR District- PATNA ====================================================== Rishi Deo Singh, son of Late Arjun Singh, resident of Mohalla Gola Road, Vishal Mega Mart, P.S.- Danapur, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Barun Kumar Choudhary For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-11-2017 Heard both sides.

The petitioner seeks bail in Danapur P.S. Case No.345 of 2016 registered under Sections 302, 120(B) of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that Dinesh Singh, Rishideo Singh, the petitioner and Chhotu Singh and others having armed with firearms came and made indiscriminate firing on her fatherin-law. The informant brought her father-in-law to hospital where he was declared dead.

Learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected vide order dated 22.3.2017 passed in Cr. Misc. No.55165 of 2016, but similarly situated co-accused persons, namely, Bhola Singh, Anil Kumar, Dipak Sharma, Chotka Sunny @ Sunny Paswan and Ajay Kumar

Patna High Court Cr.Misc. No.53243 of 2017 (2) dt.15-11-2017 2/2 @ Bilai @ Bilai Gope have been granted bail by different Benches of this Court vide orders dated 11.1.2017, 18.10.2016, 21.2.2017, 12.4.2017 and 17.1.2017 passed in Cr. Misc. Nos.47573 of 2016, 43485 of 2016, 8245 of 2017, 11987 of 2017 and 1501 of 2017. The case of the petitioner stands on the same footing, but it appears from the perusal of the F.I.R. itself that the petitioner is named in the F.I.R. The informant has categorically disclosed that the petitioner and others came and made indiscriminate firing causing the death of father-in-law of the informant. On perusal of the inquest report itself, it appears that as many as four firearm injuries like wound of entry were found on the person of the deceased and the petitioner is also alleged to be one of the persons, who fired.

Considering the aforesaid fact, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) N.H./- U T