Patna High CourtCR. MISC./77481/2019dismissed

Raj Narayan Singh v. The State Of Bihar

2021-01-25Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77481 of 2019 Arising Out of PS. Case No.-257 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== Raj Narayan Singh, S/o Late Nanhak Singh, R/o village- Mahudahi, P.S.- Barhara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate Mr.Prabhu Narayan Sharma, Advocate For the State :

Mr.Manoj Kumar, APP For the Informant ;

Mr. Surendra Kr. Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. In the present case, the petitioner is seeking bail in connection with Barhara P.S. Case No.257 of 2019 registered for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner has a long criminal history as he carried sixteen cased over his head.

The allegation has been made that at the behest of the petitioner, his son has fired on brother of the informant, as a result of which, he died, however, counsel for the petitioner submits that there is no specific allegation of overt act has been attributed against the petitioner. It is urged that the petitioner is

Patna High Court CR. MISC. No.77481 of 2019(6) dt.25-01-2021 2/2 aged about 82 years and he is in custody since 22.07.2019. Counsel for the informant submits that he is a life convict, even then, he has committed this offence, so he does not require to be released on bail, inasmuch as if this petitioner will be released on bail, there is apprehension of threat to the witnesses by this petitioner, which may hamper the trial. Looking to the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner for the present.

Accordingly, the prayer for bail is rejected. However, the petitioner will be at liberty to renew his prayer for bail after closure of the evidence of prosecution witnesses.

(Shivaji Pandey, J) V.K.Pandey/- U T