Patna High CourtCR. MISC./27600/2018disposed

Jawahar Lal Singh v. The State Of Bihar

2018-07-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27600 of 2018 Arising Out of PS. Case No.-241 Year-2017 Thana- SAHPUR District- Patna ====================================================== Jawahar Lal Singh son of Late Jagnarain Singh Resident of Village Chandmari, P.S. Shahpur, Distt. - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-07-2018 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in connection with Shahpur P.S. Case No. 241 of 2017 registered for the offence punishable under sections 302, 201 of the Indian Penal Code and section 27 of the Arms Act.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case merely on suspicion due to local politics. Nothing specific has been alleged against this petitioner. Police after investigation has submitted charge-sheet under section 304, 201/34 I.P.C. and 27 Arms Act and not under section 302 I.P.C. Petitioner is in custody since 23.12.2017.

Learned Addl. P.P. appearing for the State and the

Patna High Court Cr.Misc. No.27600 of 2018(5) dt.17-07-2018 2/2 learned counsel appearing for the informant opposes the prayer for bail and submits that petitioner is the main accused who fired on the deceased resulting in his death. Moreover, cognizance has been taken under section 302 I.P.C. Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court is not inclined to grant bail to the petitioner. His prayer for bail is, therefore, rejected. However, petitioner may renew his prayer bail after framing of charge.

(Arvind Srivastava, J) mcv/- U T