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Patna High CourtCR. MISC./28281/2015dismissed

Babua Singh @ Babua Kumar @ Babua v. The State Of Bihar

2015-10-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28281 of 2015 Arising Out of PS.Case No. -203 Year- 2014 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Babua Singh @ Babua Kumar @ Babua son of Ajay Singh resident of Village - Manjhaul, P.S. Cheriyaberiyarpur, District - Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mrs. Soni Shrivastava For the Opposite Party/s : Mr. Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-10-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 302 and other sections of the Indian Penal Code. The informant alleged that his nephew Neeraj Kumar @ Gulten Singh was Time-keeper of Private Bus Services. Ranjeet Yadav called Gulten Singh (the deceased) and took him to the busstand. Thereafter, Deepak Singh, Rupak Kumar, Ram Sharan Singh and Babua (the petitioner) had a quarrel with Gulten Singh. In the night at about 1:30, the petitioner along with other accused persons came to the house of the deceased but on seeing the police, they fled away. On the next day, dead bodies of Gulten Singh and Ranjeet Yadav were found. It is submitted that there is no eye-witness of the occurrence. Dr. Uday Kumar, in Para 10 of the case diary, disclosed that the petitioner had brought

Patna High Court Cr.Misc. No.28281 of 2015 (3) dt.09-10-2015 2/2 Gulten Singh for treatment and after keeping him inside the clinic, the petitioner left the place on motorcycle.

It appears that the witnesses have stated that the deceased was found in the company of the accused persons and Gulten Singh and Ranjeet Yadav were assaulted. The Call Detail Report also shows that the accused persons were in company with each other along with the deceased.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Cheriya Bariyarpur P.S. Case No. 203/2014. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T