Suman Singh @ Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12488 of 2019 Arising Out of PS. Case No.-14 Year-2018 Thana- LAKHISARAI District- Lakhisarai * ====================================================== SUMAN SINGH @ RUPESH KUMAR, Son of Late Ramakant Singh, Resident of Village- Pokhrawan, P.S.- Kajra, District- Lakhisarai. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2019 Petitioner seeks bail in anticipation of his arrest in connection with Lakhisarai P.S. Case No. 14 of 2018, registered for the offences punishable under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation as per FIR against the petitioner is of causing death of husband of the informant.
Submission of learned counsel for the petitioner is that FIR itself shows that the informant is not an eye-witness to the occurrence and he has falsely been implicated in this case. Heard learned APP also, who has opposed the prayer for anticipatory bail stating that FIR itself shows that allegation of firing is against the petitioner.
Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of
Patna High Court CR. MISC. No.12488 of 2019(2) dt.28-02-2019 2/2 anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order. With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T