Babloo Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24260 of 2015 Arising out of PS.Case No. -39 Year- 2014 Thana -KAHAIYA District- MUZAFFARPUR ====================================================== Babloo Shahi, S/o Funni Shahi, R/o village - Harpur, P.S.- Kathaiya, District - Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Chhote Lal Mishra, Advocate. For the Opposite Party : Mr. Rajeev Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 The petitioner is apprehending his arrest in connection with Kathaiya P.S. Case No. 39 of 2014 for the offences instituted under Section 302/34 of the I.P.C.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that in the morning the informant's son Mithilesh Kumar Manjhi was assaulted by Sanjay Shahi, Pintoo Shahi, Nitesh Shahi, Dolly Shahi and Babloo Shahi and this petitioner as a result of which he died. The occurrence has been committed on account of dispute arose due to ridding on she-buffalo.

It has been submitted on behalf of the petitioner that general and omnibus allegation has been made against him and no

Patna High Court Cr.Misc. No.24260 of 2015 (2) dt.14-07-2015 2/2 specific injury has been attracted against him. Further it is submitted that there is no eye witness to occurrence. On behalf of the State it has been submitted that the petitioner is named in the F.I.R. and he has participated in the occurrence.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner and the same is rejected in connection with Kathaiya P.S. Case No. 39 of 2014, pending in the court of the learned J.M. Ist Class, Muzaffarpur. Anyhow, if the petitioner surrenders within a period of six weeks in the court below the case of the petitioner shall be considered on its own merit without being prejudiced by this order.

U.K./- (Sudhir Singh, J) U T