Ram Sagar Chauhan @ Sagar Chauhan @ Ram Sagar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66359 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- SARMERA District- Nalanda ====================================================== 1.

RAM SAGAR CHAUHAN @ SAGAR CHAUHAN @ RAM SAGAR PRASAD Son of Late Chando Chauhan Resident of Village- Sondiha, P.S.- Sarmera, District- Nalanda.

2.

Davindra Chauhan @ Devendra Chauhan Son of Late Chando Chauhan Resident of Village- Sondiha, P.S.- Sarmera, District- Nalanda. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Bharat Lal, Adv.

For the Opposite Party :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Sarmera P. S. Case No. 72 of 2019, instituted for the offence under Section(s) 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted by the petitioners' counsel that the allegations are pertaining to mid night and, surprisingly, the informant has identified the ten accused persons, including the petitioners. The allegation is of firing by the ten accused persons but, only three firearm injuries have been found. The informant has lodged the First Information report at 9 AM after delay of

Patna High Court CR. MISC. No.66359 of 2019(4) dt.13-12-2019 2/2 8 1⁄2 hours.

The learned APP for the State opposed the prayer for bail by submitting that the petitioners are named in the First Information report, wherein, the victim has sustained fatal firearm injuries. The petitioners along with eight other persons is said to have committed the offence.

Considering the gravity of the allegation, this Court does not find it a fit case for grant of anticipatory bail. Prayer for pre- arrest bail, is accordingly, rejected. (Madhuresh Prasad, J) shyambihari/- U T