Karu Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33737 of 2015 Arising Out of PS.Case No. -76 Year- 2015 Thana -MAUZAHIDPUR District- BHAGALPUR ======================================================

1. Karu Modi Son of Late Rameshwar Modi, Resident of Mohalla Kutubganj, Police Station- Mojahidpur (Babarganj), District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Ram Sewak Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 302/34 of the Indian Penal Code and under section 27 of the Arms Act.

The informant alleged that his father had gone to see his field near railway line, Satpuliya. The nephew of the informant disclosed that 5-6 persons made indiscriminate firing on the father of the informant. The informant went there and saw his father lying in pool of blood. His father was brought dead. The informant made allegation that the petitioner, Sallo Modi, Pappu Modi and Sudhir Choudhary have got land dispute with his father and they conspired and killed his father.

It is submitted that there is no eye witness of the

Patna High Court Cr.Misc. No.33737 of 2015 (3) dt.15-10-2015 2/2 occurrence. The persons who informed the informant did not name the petitioner.

It appears that anticipatory bail petition of similarly situated accused Sallo Modi and another has already been dismissed as withdrawn. The case of the petitioner stands on the same footing.

Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T