Patna High CourtCR. MISC./5557/2017rejected

Umesh Singh v. The State Of Bihar

2017-02-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5557 of 2017 Arising Out of PS.Case No. -802 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Umesh Singh, Son of Narayan Singh, Resident of Village-Khargi Tirasi, P.S.-Gangour, District: Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Narain Thakur For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-02-2017 Heard both sides.

The petitioner apprehends his arrest in Khagaria (Gangour) P.S. case No. 802 of 2015 under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act. Shri Jai Narain Thakur, the learned counsel for the petitioner, submits that prayer of petitioner for anticipatory bail was earlier rejected by this court vide order dated 20.08.2016 passed in Cr. Misc. No. 25214 of 2016 but relevant facts were not considered at that time. Two persons are alleged to have fired but the doctor found only one fire arm injury on the body of deceased. The petitioner has got land dispute with the deceased since the year 2002.

Be that as it may, there is specific allegation against

Patna High Court Cr.Misc. No.5557 of 2017 (2) dt.22-02-2017 2/2 the petitioner that it was he who fired causing the death of husband of informant. The petitioner is on inimical term with the deceased and witnesses have stated that it was the petitioner who fired causing the death of husband of the informant on the spot. I do not find any fresh ground to reconsider the prayer of petitioner for anticipatory bail. Accordingly, the same is again rejected.

It appears that in spite of rejection of the prayer for anticipatory bail of the petitioner by this court, the police did not arrest the petitioner. The Superintendent of Police, Khagaria is directed to take necessary action against the officials/ Incharge of the police station, who are acting casually.

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