Suraj Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26415 of 2019 Arising Out of PS. Case No.-194 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== Suraj Mehta, S/o Parmanand Mehta, R/o Village- Puraini Bazar, P.S.- Puraini, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-07-2019 This is an application for grant of anticipatory bail in connection with Alamnagar P.S. Case No.194 of 2018, disclosing offences under Sections 302, 34 of IPC and Section 27 of the Arms Act.

F.I.R. disclosed an allegation that while the deceased was going on to his bamboo orchard, the petitioner and others came and there is allegation that petitioner caught hold the hand of deceased and other accused persons fired, causing his death. Submission of the learned counsel for the petitioner is that the statement u/s 164 of Cr.P.C. has not supported the allegation against the petitioner and he has only named and other accused persons who fired on the deceased. Heard learned APP, also who has opposed the prayer for anticipatory bail as per the allegation in the F.I.R. Having heard both sides, in view of the facts and

Patna High Court CR. MISC. No.26415 of 2019(3) dt.08-07-2019 2/2 circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T