Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34284 of 2019 Arising Out of PS. Case No.-475 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== Santosh Kumar Son of Nagendra Prasad @ Nagendra Yadav Residence of Village-Rambigha, P.S.-Makhdumpur (O.P-Tehta, Dist.-Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nitya Nand Neeraj, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2019 This is an application for grant of anticipatory bail in connection with Jehanabad P.S. Case No. 475 of 2018, disclosing offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner and other accused persons is that they surrounded the deceased with deadly weapons at his shop and one of the co-accused fired upon the deceased, causing his death.
Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against the petitioner, he has no criminal antecedent and as a matter of fact, on that day, he was in A. N. Magadh College Hospital (P.S.M.), Gaya as indoor patient which will appear from Annexure-3. Heard learned A.P.P. also who has opposed the prayer
Patna High Court CR. MISC. No.34284 of 2019(4) dt.22-08-2019 2/2 for anticipatory bail stating that the local villagers have disclosed the name of the petitioner and he further submits that investigation is going on.
Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may move before the learned court below for regular bail, which will be considered by the learned court below on its own, without being prejudiced by order of this Court. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Rahul/- S.Katyayan/- U T