Bambam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32374 of 2018 Arising Out of PS.Case No. -117 Year- 2017 Thana -NAWAKOTHI District- BEGUSARAI ======================================================

1. Bambam Singh, son of Duna Singh @ Duna Prasad Singh, resident of Village- Pahsara, P.S. Nawkothi, District Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikramdeo Singh Mr. Sada Nand Roy, For the Informant/s : Mr. Pushpendra Kumar Singh For the State : Mr. Kumar Virendra Narayan, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 26.02.2018 in connection with Navkothi P.S. Case No.117 of 2017 registered for the offences punishable under Sections 141, 148, 149, 341, 342, 302, 120(B) of the Indian Penal Code, Section 27 of the Arms Act and Sections 3 and 4 of the Explosive Substance Act. Learned counsel for the petitioner submits that the post-mortem report indicates that there was only one gunshot injury and the allegation against the petitioner that he had also fired is palpably false and cannot be accepted. Learned counsel for the petitioner further submits that there is also delay in lodging of

Patna High Court Cr.Misc. No.32374 of 2018 (4) dt.18-07-2018 2/3 the First Information Report inasmuch as the inquest was prepared on the following day in the morning and the post mortem was conducted on the same day. Learned counsel for the petitioner next submits that the post-mortem report does not indicate a second firearm injury and, therefore, the prosecution case is false. The delay part has also not been explained by the informant though he was very much present at the place of occurrence.

Learned counsel for the informant however, has opposed the bail petition stating that the petitioner Bambam Singh was involved in the entire occurrence which led to the gruesome murder of the deceased Ajay Kumar Singh, son of the informant. Diary in the present case was called for which has since been received.

Learned counsel appearing on behalf of the State after perusal of the case diary submits that apart from the allegation that the petitioner had fired, it appears that the petitioner was an active participant of the gruesome murder of the deceased Ajay Kumar Singh and all accused persons had come with the strong motive of killing the said Ajay Kumar Singh. Apart from the said facts and circumstances, it has come on record that the petitioner Bambam Singh has criminal antecedent.

Patna High Court Cr.Misc. No.32374 of 2018 (4) dt.18-07-2018 3/3 In view of the aforementioned facts and circumstances, I am not inclined to grant regular bail to this petitioner.

It is, accordingly, rejected.

(Anjana Mishra, J) Saif/- U T