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Patna High CourtCR. MISC./15114/2017rejected

Sahejiya Sao @ Sahjia Sao @ Sahja Gupta v. The State Of Bihar

2017-06-14Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15114 of 2017 Arising Out of PS.Case No. -178 Year- 2014 Thana -DULHIN BAZAR District- PATNA ====================================================== Sahejiya Sao @ Sahjia Sao @ Sahja Gupta Son of Late Ram Kewal Sao, Resident of Village- Rakasia, P.S.- Dulhin Bazar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 14-06-2017 Heard learned counsels for the petitioner and the State.

The petitioner apprehends his arrest in connection with Dulhin Bazar P. S. Case No. 178 of 2014 instituted under Sections 147, 148, 149, 323, 341 and 302/34 of the Indian Penal Code.

The allegation, in brief, is that some days prior to lodging of the present FIR, the informant's son has had a quarrel with Congress Sao. On 28.11.2014, informant's son had gone to Paswan Tola in the village then all the accused persons along with Congress Sao assaulted him indiscriminately with lathi and danda causing his death.

Learned counsel for the petitioner submits that deceased was himself a criminal and was killed by some other

Patna High Court Cr.Misc. No.15114 of 2017 (3) dt.14-06-2017 2/2 persons and there is no specific allegation against this petitioner and the police has submitted charge sheet against four accused persons and investigation is pending against this petitioner. Learned A.P.P., referring paragraph nos. 7 and 8 of the case dairy, submits that this petitioner also assaulted the deceased and post-mortem report shows several injuries on the person of the deceased.

Having considered the aforesaid facts and circumstances and the nature of offence, I am not inclined to enlarge the petitioner on anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Arun Kumar, J) Sujit/- U