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Patna High CourtCR. MISC./1389/2014rejected

Mantu Singh v. The State Of Bihar

2015-12-21Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1389 of 2014 Arising Out of PS.Case No. -176 Year- 2013 Thana -BARUN District- AURANGABAD ====================================================== Mantu Singh, Son of Rajendra Singh, Resident of Village-Mastul Barun, P.S.-Barun, District-Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aaruni Singh, Advocate For the Opposite Party/s : Mr. Shakir Ahmad(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Barun P.S. Case No.176 of 2013 for allegedly having committed the offence under Section 302/34 of the Indian Penal Code, which is pending in the court of the learned Chief Judicial Magistrate, Aurangabad. Case diary in the present case was called for, which has since been received.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case on account of land dispute. It is further submitted that there is no material on the record so as to corroborate the guilt of the petitioner, as

Patna High Court Cr.Misc. No.1389 of 2014 (10) dt.21-12-2015 2/2 has been stated by the informant.

Learned counsel appearing on behalf of the State submits that at the very instance of F.I.R., the son of the deceased had stated that while he was being carried in the ambulance for treatment, the deceased had stated that the said Mantu Singh (the petitioner herein) had dashed against him and was driving Bolero vehicle. It is further submitted by the learned counsel for the State that other witnesses have also corroborated the said story.

Considering the fact that there is enough material in the case diary so as to point finger of guilt towards the petitioner and that he has criminal antecedent, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, dismissed.

(Anjana Mishra, J) PNM U T