Sonu Kr. Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 16192 of 2020 Arising Out of PS. Case No.-188 Year-2019 Thana- BANIAPUR District- Saran ====================================================== Sonu Kr. Srivastava Son of Late Dinbandhu Prasad Srivastava Resident of Village - Harpur, P.S.- Baniyapaur, Distt - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

04-09-2020 Heard learned counsel for the parties through video conferencing.

The petitioner apprehends his arrest in Baniyapur P.S. Case No. 188 of 2019 registered for the offence under Sections 147, 148, 149, 341, 323, 307, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, while the informant alongwith one Rajendra Mishra was sitting in the compound of his house, the FIR named accused came there and on the order of co-accused Mala Devi, co-accused Deepak Kumar Manjhi fired upon him (informant), but it passed by the side of his temple. Thereafter, it is alleged that elder brother of informant (deceased) came to save informant, then co-accused Sudhir Kumar Lal and petitioner caught him and another co-accused Hare Krishna Srivastava fired on his chest, as a result of which, he died.

Patna High Court CR. MISC. No.16192 of 2020(2) dt.04-09-2020 2/2 It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case. Both parties are covillagers and specific allegation of firing on the chest of elder brother of informant is against co-accused Hare Krishna Srivastava. It is further submitted that only ornamental allegation is against petitioner that he alongwith other coaccused had caught hold of the deceased. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances as well as the fact that there is specific allegation against the petitioner of catching hold of the deceased, the anticipatory bail application of the petitioner stands dismissed. (Prabhat Kumar Singh, J.) anay U T