Patna High CourtCR. MISC./20175/2019rejected

Nilesh Singh @ Nilesh Kumar v. The State Of Bihar

2019-04-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20175 of 2019 Arising Out of PS. Case No.-68 Year-2017 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Nilesh Singh @ Nilesh Kumar Son of Late Sheo Nath Singh, Resident of Village- Chhitnaur, P.S.- Matihani, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Prasad Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-04-2019 Heard both sides.

The petitioner apprehends his arrest in Cheria Bariarpur P.S. Case No.68 of 2017 registered under Sections 302 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

The informant (widow of deceased) named the petitioner and other accused persons and alleged that all the accused persons having armed with different weapons came at the door of the informant and Krishnakant Singh assaulted the husband of the informant with wooden plank and Naveen Singh fired which hit on the head of the husband of the informant. The petitioner is alleged to have fired at the chest of the deceased. Learned counsel for the petitioner submits that during

Patna High Court CR. MISC. No.20175 of 2019(2) dt.02-04-2019 2/2 course of investigation, the Investigating Officer found that the petitioner has falsely been implicated in the case. The other accused persons, namely, Krishnakant Singh, Naveen Singh, Amit Kumar and others have been granted regular bail, but from perusal of F.I.R. itself, it appears that it was the petitioner, who is alleged to have fired on the chest of the deceased. From perusal of postmortem report, it transpires that there is a firearm injury on the chest of the deceased and the bullet was found over right side of the back of the deceased.

Having considered the fact that there is specific allegation against the petitioner, who fired on the chest of the deceased causing his death on the spot, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T