Uttam Kumar @ Manjeet Singh @ Manjeet Singh Uttam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14871 of 2019 Arising Out of PS. Case No.-154 Year-2014 Thana- RAMPUR District- Gaya ====================================================== UTTAM KUMAR @ MANJEET SINGH @ MANJEET SINGH UTTAM Son of Santosh Yadav Resident of Village - Rampur, P.S.- Rampur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Mistry For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-03-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Rampur P.S.Case no.154 of 2014 registered for offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Allegation as per FIR is that a deadbody was found, which was later on identified as that of the deceased and further appears from the impugned order that in para no.73 of the case diary, one of the witnesses has named the petitioner along with the other accused persons stating that he along with the others was snatching the mobile from the deceased.

Submission of the learned counsel for the petitioner is that the wife of the deceased has stated another story that there

Patna High Court CR. MISC. No.14871 of 2019(2) dt.11-03-2019 2/2 was dispute with respect to sale of the land and she apprehends name of her 'Dewar' and the other witnesses have also supported the same.

Heard learned A.P.P. , who has opposed the prayer for bail on the ground that in para 73 of the case diary, one of the witnesses has been identified as the eye witness of the occurrence, who has named the petitioner.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, rather let the petitioner surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T