Ram Bihari Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49608 of 2017 Arising Out of PS.Case No. -149 Year- 2017 Thana -RIVILGANJ District- SARAN ====================================================== Ram Bihari Singh son of Late Bachha Singh, resident of Village- Nayka Barka Baiju Tola, P.S.- Revilganj, District- Saran at Chapra (Bihar). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Pandey For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 17.06.2017 in connection with Revilganj P.S. Case No. 149 of 2017 for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, as lodged by the informant, is that while his brother Umesh Singh was at his betel shop and he was standing nearby, he heard a sound of firing and when he went to his brother's shop he found large number of people assembled and his brother shot on the chest who died on the spot.
Patna High Court Cr.Misc. No.49608 of 2017 (3) dt.24-11-2017 2/3 It is alleged that both petitioner and the informant's side are Patidar and there was previous enmity and a case was lodged in 2014 against murder of his niece for which petitioner were pressurizing to withdraw the case.
It has been submitted by the learned counsel for the petitioner that he is innocent, no such occurrence took place and that the petitioner bears no criminal history. He submits that there is no eye witness to the alleged occurrence, chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail stating therein that it was a cold blooded murder and the petitioner was seen fleeing away from the place of occurrence and that one of the brothers of the deceased had seen the occurrence.
Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Revilganj P.S. Case No. 149 of 2017, pending in the court of learned Additional Chief Judicial Magistrate-VIIIth, Saran at Chapra. The application is, accordingly, rejected.
Patna High Court Cr.Misc. No.49608 of 2017 (3) dt.24-11-2017 3/3 However, the petitioner may renew his prayer for bail after framing of charge.
(Nilu Agrawal, J) Devendra/- U T