Awadhesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8931 of 2016 Arising Out of PS.Case No. -305 Year- 2015 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Awadhesh Kumar son of Late Ramanand Prasad Singh .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Satyendra Nr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Section 302 of the Indian Penal Code and 3 and 4 of The Explosive Substances Act, 1908. Prosecution case is that on 23.10.2015 at 4.00 p.m., son of the informant's sister namely Raushan Kumar went to coaching when the petitioner assaulted with iron rod and hurled explosive on him, who subsequently succumbed to the injuries. The motive of the occurrence alleged to be illicit relationship of the petitioner with the sister of the informant.
It is submitted by learned counsel for the petitioner that since in a partition suit, between the informant and her sister, the petitioner was 'panch', hence, maliciously he has been roped in the
Patna High Court Cr.Misc. No.8931 of 2016 (2) dt.25-02-2016 2/2 present case.
Considering the specific accusation against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Aurangabad Town P.S. Case No.305/2015, pending before the learned CJM, Aurangabad.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T