Sarekh Singh @ Birendra Kumar Singh @ Suresh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5431 of 2019 Arising Out of PS. Case No.-28 Year-2017 Thana- WAJIRGANJ District- Gaya ====================================================== Sarekh Singh @ Birendra Kumar Singh @ Suresh Singh Late Ramdev Singh Resident of Village-Karhaauna, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate :
Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Wazirgang P.S. Case No. 28 of 2017 for the offence punishable under Sections 341, 323, 325, 307, 354, 504, 427, 379/34 of the Indian Penal Code.
Learned Senior counsel appearing for the petitioner submits that earlier the prayer for anticipatory bail of this petitioner had been rejected by this Court vide order dated 06.07.2017 in Cr. Misc. No. 14615 of 2017. The petitioner, who is aged about 60 years, is suffering form heart ailments, which would be evident from annexure-3. As a matter of fact, no specific allegation has been levelled
Patna High Court Cr.Misc. No.5431 of 2019(3) dt.13-02-2019 2/2 against the petitioner. Hence, the petitioner may be granted the privilege of anticipatory bail.
Learned counsel for the informant has vehemently opposed the submission of learned Senior counsel and submitted that the petitioner is named in the F.I.R. and there is allegation of assault against him due to which deceased died. Therefore, merely on the ground of heart ailment the petitioner cannot be granted the privilege of anticipatory bail.
Considering the facts and circumstances of the case, I do not find any fresh ground to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail of this petitioner is rejected. (Arvind Srivastava, J) brajesh/- U T