Patna High CourtCR. MISC./29697/2014rejected

Ram Prabesh Singh v. The State Of Bihar

2015-01-14Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.29697 of 2014 (2) dt.14-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29697 of 2014 Arising Out of PS.Case No. -182 Year- 2013 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Ram Prabesh Singh Son of Saryug Singh Resident of Village - Ram Krishna Debeyahi, Police Station - Saraiya, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Anand For the Opposite Party/s : Mr. Ramchandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Saraiya P.S. Case No. 182 of 2013 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Allegedly, the petitioner and other FIR named accused persons surrounded the brother of the informant, co-accused Saroj Singh put Gamcha around his neck and pulled him resulting he fell down from the motorcycle and then co-accused Ram Naresh Singh inflicted knife blow on him resulting he became senseless and during treatment he succumbed to the injuries. Submission is that the petitioner was only sitting there, no overt act is attributed against him and further the

Patna High Court Cr.Misc. No.29697 of 2014 (2) dt.14-01-2015 prosecution story appears not probable and reliable and the informant has become eye witness, though he is a chance witness and as such he deserves sympathetic consideration to which the learned APP opposes.

Considering the fact that the petitioner and others surrounded the deceased Mahesh Singh, pulled him down and killed him, this Court is not persuaded to grant pre-arrest bail to the petitioner above named, accordingly, his such prayer stands rejected. .

(Jitendra Mohan Sharma, J) avin/- U T