Patna High CourtCR. MISC./12051/2015rejected

Bechan Ansari v. The State Of Bihar

2015-04-30Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.12051 of 2015 (2) dt.30-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12051 of 2015 Arising Out of PS.Case No. -25 Year- 2014 Thana -KUDHNI District- BHABHUA (KAIMUR) ======================================================

1. Bechan Ansari Son of Rahman Ansari Resident of Village- Baruna, P.s. Kuchhila, District- Kaimur(Babhua) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Mishra For the Opposite Party/s : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kudhani P.S. Case No. 25 of 2014 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is named in the first information report and there is allegation against him that he opened fire on the deceased but his firing did not hit the deceased.

The contention on behalf of the petitioner is that in course of investigation, when further statement of informant was recorded, he narrated a different story and did not name the petitioner.

Patna High Court Cr.Misc. No.12051 of 2015 (2) dt.30-04-2015 In my view, it is not a proper stage to test the genuineness and truthfulness of the first information report as well as statement recorded under Section 161 of the Cr.P.C. and suffice it to say that petitioner is named in serious case of murder, I do not think it proper to grant the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Kudhani P.S. Case No. 25 of 2014 pending in the court of Chief Judicial Magistrate, Bhabua stands rejected. However, it is made clear that if petitioner surrenders and seeks regular bail, the competent concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this rejection order. (Hemant Kumar Srivastava, J) SHAHZAD/- U T