Makku @ Satyendra Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22552 of 2019 Arising Out of PS. Case No.-188 Year-2016 Thana- HISUWA District- Nawada ====================================================== MAKKU @ SATYENDRA CHAUHAN Son of Rameshwar Chauhan Resident of Village-Banshi Bigha, Police Station-Hisua, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Hisua P.S. Case No. 188 of 2016 registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that at about 9:30 p.m the husband of the informant was shot at while he was sleeping on the roof with the informant and his children. In the FIR, however, the informant has not disclosed any name and it is alleged that some unknown person had fired at her husband and fled away.

Learned APP for the State has opposed the prayer of anticipatory bail with reference to the statements of the two children recorded in paragraph 76 and 77 of the case diary. They

Patna High Court CR. MISC. No.22552 of 2019(3) dt.16-07-2019 2/2 have disclosed the name of this petitioner as the assailant of their father.

In the given facts and circumstances of this case where the name of the petitioner has been disclosed by the two children of the deceased, this Court is not willing to extend the privilege of anticipatory bail to the petitioner. The prayer is refused.

In case the petitioner surrenders before the court below within a period of four weeks from today and prays for regular bail, his prayer of regular bail will be considered on its own merit without being prejudiced by this order. (Rajeev Ranjan Prasad, J) avin/- U T