Raj Keshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62053 of 2018 Arising Out of PS.Case No. -100 Year- 2018 Thana -KARAHGAR District- SASARAM (ROHTAS) ======================================================
1. Raj Keshwar Singh Son of late Gopal Singh Resident of VillageSemaria, P.S. Kargahar, District- Rohtas at Sasaram. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s : Mr. B.N.Pandey, A.P.P. For the Informant : Mr. Raghunandan Kumar Singh, ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learnd A.P.P. for the State.
The petitioner seeks regular bail in connection with Kargahar P.S.Case No. 100 of 2018, registered for the offence under Sections 147, 148, 149, 302, 307, 323, 354, 504 , 452 of the Indian Penal Code and Section 27 of Arms Act. Allegation against the petitioner as per F.I.R. is that the accused persons including the petitioner tried to outrage modesty of Puja Kumari and on her raising alarm, one Bimlesh Singh came there, who was shot by them and succumbed to injury. Allegation against the petitioner is that he subsequently arrived at place of occurrence and caused fire arm injury upon Kameshwar Singh, causing injury.
Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and from F.I.R.
Patna High Court Cr.Misc. No.62053 of 2018 (3) dt.01-11-2018 2/2 itself, it appears that the petitioner and other accused persons have been implicated in this case due to enmity and allegation against the petitioner is vague and omnibus and the nature of injuries found to be simple in nature. It is further submitted that the similarly situated co-accused persons have been granted bail by different Co-ordinate Benches of this Court, vide orders dated 20.08.2018 passed in Cr. Misc. No. 41343 of 2018, order dated 13.09.2018 passed in Cr. Misc. No. 48144 of 2018, vide order dated 24.08.2018 passed in Cr. Misc. No. 40613 of 2018 and vide order dated 05.09.2018 passed in Cr. Misc. No. 38528 of 2018 respectively, and the petitioner has no criminal antecedent, moreover, he is in custody since 22.03. 2018. Heard learned A.P.P. and learned counsel for the informant opposes the prayer for bail and submitted that witnesses in paragraphs in paragraphs 61 and 62 of the case diary disclose that petitioner has fired on Bimlesh Singh, who succumbed to the injuries.
Having heard both sides and in view of the allegation against the petitioner, I am not inclined to grant bail to the petitioner.
With the aforesaid observation, this application is accordingly, dismissed.
(Vinod Kumar Sinha, J) Sudha/- U T