Patna High CourtCR. MISC./18810/2018rejected

Dilip Singh v. The State Of Bihar

2018-04-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18810 of 2018 Arising Out of PS. Case No.-26 Year-2017 Thana- UPHARA District- Aurangabad ====================================================== Dilip Singh, S/o Bisundeo Singh, resident of Village - Khajuri, P.S. - Karpi, District - Arwal.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Uphara P.S. Case No.26 of 2017, registered for the offence punishable under Sections 302, 307, 341, 323, 324, 326, 506, 147, 148 and 149 of the Indian Penal Code. Allegation has been made that while the informant and his brother were returning from pumping set to their house, the accused persons intercepted them and attacked with country made pistol and caused injury to the brother of the informant, led to his death.

Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner. He further submits that five co-accused persons have been granted bail by

Patna High Court Cr.Misc. No.18810 of 2018(2) dt.05-04-2018 2/2 this Court.

I myself has rejected the bail of Bishnu Dutt Singh vide Criminal Miscellaneous No.45862 of 2017. Looking to the nature of allegation, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order looking to the facts and circumstances of the case.

(Shivaji Pandey, J) pawan/- U T