Prakhar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57049 of 2018 Arising Out of PS.Case No. -158 Year- 2017 Thana -UCHKAGAON District- GOPALGANJ ====================================================== Prakhar Dubey, S/o Nityanand Dubey, resident of village- Sipahiya Dhala, P.S.- Vishambharpur, District- Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate For the State : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Uchkagaon P.S. Case No.158 of 2017 registered under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Two motorcycle borne unknown miscreants chased the informant, who was going along with his brother on a motorcycle and, after overtaking, they asked them to stop their motorcycle. Being frightened, they stopped the motorcycle and, in the meantime, the petitioner opened fire causing injury on the right hand of the informant. Thereafter, the miscreants fled away. In course of investigation, one Anurag Singh was apprehended, who disclosed the name of the petitioner, as one of the miscreants

Patna High Court Cr.Misc. No.57049 of 2018 (2) dt.06-10-2018 2/2 involved in the alleged offence.

It has been pleaded that the petitioner is a student and he resides outside the State. He had not participated in the occurrence, but just in order to humiliate and harass him, the police are trying to implicate him in the instant case in a highhanded manner.

Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. Considering the submissions made above and the statement made in paragraph-3 of the present application, which would show that the petitioner is accused in at least six other case of different nature, I am not inclined to grant him pre-arrest bail. Accordingly, the application for grant of pre-arrest bail is rejected.

(Ashwani Kumar Singh, J) Md.S./- U T