Raja Singh @ Kulkul Singh @ Kunkun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31485 of 2018 Arising Out of PS. Case No.-161 Year-2017 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Raja Singh @ Kulkul Singh @ Kunkun Singh, S/o Chandrama Singh, R/o Vill.- Pakari Begali, P.S.- Siwan Muffasil, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate.

For the Opposite Party/s :

Mr. Sri Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with G.B. Nagar P.S. Case No. 161 of 2017 registered under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act and Later on, Section 302 of the Indian Penal Code has been added, pending in the court of Chief Judicial Magistrate, Siwan.

The accusation is that four persons named in the F.I.R. including the petitioner reached near the informant, Shahid Ali, boarding on two motorcycles. At that time, one Santosh Kumar Tiwari asked the informant to provide tobacco and when he started to give tobacco then Santosh Kumar Tiwary shot fire to

Patna High Court Cr.Misc. No.31485 of 2018(3) dt.18-06-2018 2/2 him, in which, he sustained firearm injury at his stomach and fell down. The cause of occurrence is litigation, which was pending with co-accused, Lalit Singh. The informant was rushed to Sadar Hospital, Nawada, but later on, he died. Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R., but the specific allegation against Santosh Kumar Tiwary, who shot fire at the informantdeceased. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T