Sanjay Singh @ Basuri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42473 of 2015 Arising Out of PS.Case No. -63 Year- 2014 Thana -SAHJAHANPUR District- PATNA ====================================================== Sanjay Singh @ Basuri S/o Baliram Singh, resident of village.- Arai, P.S.- Shahjahanpur, Distt.- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlesh Kumar, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner seeks pre-arrest bail in connection with Shahjahanpur P.S. Case No. 63 of 2014 registered under sections 302, 201 and 120B/34 of the Indian Penal Code and section 27 of the Arms Act.

It is contended that the petitioner is not named in the FIR and even in course of investigation no tangible material could be gathered by the investigating agency against him. On the other hand, learned counsel for the informant vehemently opposed the prayer of the petitioner for grant of prearrest bail. He has submitted that in course of investigation it has transpired that the petitioner and others killed the deceased. He has

Patna High Court Cr.Misc. No.42473 of 2015 (2) dt.13-10-2015 2/2 submitted that during investigation call details of the petitioner has been collected by the investigating agency which also corroborates the fact that the petitioner was one on the accused involved in the alleged offence. In reply, learned counsel for the petitioner submits that call details collected by the investigating agency do not connect the petitioner with the alleged offence in any manner. Be that as it may, taking into consideration the serious nature of allegation and the fact that the matter is under investigation and the police may require custodial interrogation of the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, the instant application under section 438 of the Code of Criminal Procedure is rejected. (Ashwani Kumar Singh, J) Md.S./- U T