Niraj Singh @ Shivam Singh @ Shivam Singh Rajput v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24692 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Niraj Singh @ Shivam Singh @ Shivam Singh Rajput son of Mukesh Singh @ Manjeet Singh Resident of Village + P.O. - Neknam Tola, P.S. - Barahara, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ram Narayan Singh For the Opposite Party/s :

Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Krishnapuri P.S. Case No. 12 of 2018, registered for the offences punishable under Sections 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is very serious in the present case i.e. opening fire upon the informant and it was a mere chance that the informant escaped from receiving the firearm injury, which is said to have been inflicted by the petitioner herein. The learned counsel for the petitioner submits that there is no injury, hence, the petitioner cannot be saddled with the allegations levelled against him. It is further submitted that the

Patna High Court Cr.Misc. No.24692 of 2018(4) dt.03-07-2018 2/2 petitioner is languishing in custody since 31.01.2018. I have heard the learned counsel for the parties and gone through the materials on record as also the case diary and I find that there are as many as 11 cases pending against the petitioner which shows that the petitioner is a veteran criminal and therefore it would not be in the interest of the society to release him from custody because it will cause more peril to the public at large.

Reference, in this regard, be had to a judgment rendered by the Hon'ble Apex Court in the case of Ash Mohammad v. Shiv Raj Singh @ Lalla Babu & Anr. reported in (2012) 9 SCC 446. Moreover, there are ample materials collected during the course of the investigation to proceed against the petitioner herein.

Having regard to the facts and circumstances of the case, I am not even a bit inclined to grant bail to such a veteran criminal, hence, the prayer for bail is rejected. (Mohit Kumar Shah, J) ajay gupta/- U T