Patna High CourtCR. MISC./29329/2019bail rejected

Sanjay Kumar Gond v. The State Of Bihar

2019-09-06Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29329 of 2019 Arising Out of PS. Case No.-368 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ====================================================== SANJAY KUMAR GOND S/o- Mangaru God R/o Village- Balua, Daulatpur, P.S.- Ara Muffasil, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-09-2019 The petitioner apprehends his arrest in connection with Ara Muffasil P. S. Case No. 368 of 2018 registered under Sections 302 and 120B/34 of the Indian Penal Code. The prosecution story as recorded in the FIR is that on 16.11.2018 at about 8/8:30 PM, the father of the informant received a call on his mobile phone and left his house to check the mobile tower of which he was a caretaker. When father of the informant did not return, informant with his brother went towards the mobile tower and when they reached near the house of Budhdeo Bind, dead body of the father of the informant was found having injury mark on his head, neck, ear and back. Learned counsel appearing on behalf of the petitioner submits that petitioner has not been named in the FIR and has unnecessarily been dragged on the basis of confessional statement of co-accused who was arrested in this case.

Patna High Court CR. MISC. No.29329 of 2019(3) dt.06-09-2019 2/2 On the other hand, learned counsel appearing on behalf of the State, relying upon the case diary, submits that arrested coaccused has disclosed the name of the petitioner as one of the conspirators of the offence and custodial interrogation of the petitioner will be necessary.

After having heard learned counsel for the parties and taking into consideration the fact that dead body of the deceased was found lying having injury mark and one of the co-accused who was arrested, has disclosed the name of the petitioner as such I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.

(Anil Kumar Sinha, J) sujit/- U T