Satyajeet Kumar @ Sandeep v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15013 of 2020 Arising Out of PS. Case No.-165 Year-2019 Thana- MUNGER MUFFASIL District- Munger ====================================================== Satyajeet Kumar @ Sandeep Son of Sames Yadav @ Ramesh Yadav @ Ramesh Prasad Yadav Resident of Village - Nandlalpur, P.S. - Mufassil, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C.Verma,Sr.Adv.
Mr.Prem Chand Yadav, Adv.
For the Opposite Party/s :
Mr.Madan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
03-07-2020 Heard learned counsel for the parties through videoconferencing. The petitioner apprehends his arrest in Mufassil P.S. Case No. 165 of 2019 (G.R. No. 1510 of 2019) registered for the offence under Sections 341, 323, 307, 504/34 of the Indian Penal Code. Later on, Section 302 of the I.P.C. was added. As per prosecution case, on 08-06-2019, the petitioner alongwith other accused persons armed with iron rod, rifle surrounded the husband of informant and started assaulting him. The allegation against the petitioner is that he assaulted the husband of informant by butt of rifle, as a result of which, informant's husband died during course of treatment. It is submitted on behalf of petitioner that there is general and omnibus allegation. In fact, petitioner was not
Patna High Court CR. MISC. No.15013 of 2020(2) dt.03-07-2020 2/2 present at the place of occurrence, but due to old land dispute, petitioner has falsely been implicated in this case. It is further submitted that a title suit, vide Title Suit No. 149 of 2018, is going on between the parties and only to put pressure on petitioner's side, the present case has been lodged. However, learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail and submits that there is specific accusation against the petitioner that he assaulted the deceased with butt of the rifle.
Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner and as such, the anticipatory bail application stands dismissed.
(Prabhat Kumar Singh, J.) anay U T