Patna High CourtCR. MISC./1559/2016dismissed

Awadh Kishore Singh v. The State Of Bihar

2016-02-16Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1559 of 2016 Arising Out of PS.Case No. -140 Year- 2015 Thana -AURAI District- MUZAFFARPUR ====================================================== Awadh Kishore Singh, son of late sudisth Narayan Singh, resident of Village-Basant P.S Aurai, District Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-02-2016 Heard Sri Udit Narayan Singh, learned counsel, who was assisted by Sri Gajendra Kumar Singh, learned counsel for the petitioner and Sri Ambika Bhagat, learned Special Public Prosecutor.

The petitioner, apprehending his arrest in connection with Aurai P.S. Case no.140/2015 registered for the offence under Section 302/34 of the Indian Penal Code and Section 3(2)(v) SC/ST Act, has prayed for grant of anticipatory bail. It was submitted by learned counsel for the petitioner that on perusal of the F.I.R. it is evident, there is no specific accusation against the petitioner. He submits that the husband of the informant (deceased) was not a ration card-holder and, as such, there was no question for deceased to approach the petitioner, who

Patna High Court Cr.Misc. No.1559 of 2016 (3) dt.16-02-2016 2/2 was a P.D.Shop dealer, for taking any ration and for any dispute. He further submits that the allegation of using the word "Dhobi" by the petitioner was not used in the public place. Sri Ambika Bhagat, learned Special Public Prosecutor has opposed the prayer for anticipatory bail. By way of referring to the averments made in the F.I.R. he submits that there is specific accusation against the petitioner. He further submits that in view of SC/ST Act, there is restriction for grant of anticipatory bail.

I do not find any ground to extend the privilege of anticipatory bail. The petition stands dismissed. (Rakesh Kumar, J) NKS/- U