Patna High CourtCR. MISC./73477/2018dismissed

Umesh Ram @ Guttar v. The State Of Bihar

2018-12-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73477 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- CHANDI District- Nalanda ====================================================== Umesh Ram @ Guttar Son of late Rajju Ram Resident of Village- Kakanpar, P.S. Chandi, District- Nalanda.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar No.1 For the Opposite Party/s :

Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2018 Petitioner prays for bail in connection with Chandi P.S.Case No. 130 of 2018 registered for the offences punishable under Sections 147, 148, 149, 302, 379, 323, 337, 427, 504 of the Indian Penal Code and Section 27 of the Arms Act. Allegation as per FIR is that petitioner and other accused persons came to the house of the informant and started abusing and on the order of petitioner Vikas Kumar fired at Arvind Ram, who later on succumbed to the injuries. Submission of learned counsel for the petitioner is that only allegation against the petitioner is that he is order-giver and not the assailant and he is in custody since 7.7.2018. Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail on the ground that petitioner has concealed the fact that he has criminal

Patna High Court Cr.Misc. No.73477 of 2018(2) dt.14-12-2018 2/2 antecedents and he is accused in Chandi P.S.Case No. 173 of 2008 under the Arms Act and also in Chandi P.S.Case No. 52 of 2013 under Sections 397 IPC.

Having heard both sides and in the facts and circumstances, as stated above and also considering the conduct of the petitioner, at this stage I am not inclined to grant bail to the petitioner.

However, once charge has been framed in this case, petitioner is at liberty to renew his prayer for bail. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T