Hariom Kumar @ Jayant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.340 of 2019 Arising Out of PS. Case No.-370 Year-2018 Thana- MAJORGANJ District- Sitamarhi ====================================================== Hariom Kumar @ Jayant Singh S/o Braj Bhushan Singh @ Braj Bhushan Kumar singh, Village- Rampur, P.S. - Riga, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manindra Kishore Singh For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2019 This is an application for grant of anticipatory bail in connection with Mejorganj P.S. Case No. 370 of 2018, disclosing offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation as per F.I.R. is that while the informant was going along with his brother to Babhangama Chowk for taking vegetables, then the accused Manish Kumar Singh and Vikash Kumar Singh along with two other miscreants surrounded the informant and his brother and accused Vikash Kumar Singh fired causing injury to the brother of the informant in his abdomen and thereafter he brought to the Sadar Hospital, Sitamarhi, where he died.
Submission of learned counsel for the petitioner is that he is not named in the F.I.R. and in restatement of the
Patna High Court CR. MISC. No.340 of 2019(3) dt.28-03-2019 2/2 informant his name transpired and he has no criminal antecedent.
Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioner stating that the informant has taken the name of the petitioner as the person who had stated that the work has been done and further in the statement of witnesses in para 10 and other para of the case diary also disclosed the involvement of the petitioner.
Having heard both sides, in view of the facts and circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court.
Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) Amjad/- U T