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Patna High CourtCR. MISC./51302/2014rejected

Shyam Nandan Kumar @ Shyam Nandan Singh v. The State Of Bihar

2015-05-14Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51302 of 2014 Arising Out of PS.Case No. -294 Year- 2009 Thana -SHEKHPURA District- SEKHPURA ====================================================== Shyam Nandan Kumar @ Shyam Nandan Singh, S/o Siyaram Singh, Resident of Village Hathiyawan, P.S. Sheikhpura, District Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 14-05-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sheikhpura P.S. Case No.294 of 2009 registered under Sections 302 and 201/34 of the Indian Penal Code pending in the court of C.J.M., Sheikhpura.

The allegation is that the Munshi of Munshi Singh of Hathiyawan village and other 3-4 accused persons assaulted Shrawan Mahto, the brother of the informant, Sunil Mahto and after killing him thrown his dead body in a river. Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. and the

Patna High Court Cr.Misc. No.51302 of 2014 (2) dt.14-05-2015 2/2 deceased might have been died on account of the injury sustained by him by falling from the Tamtam, which met with an accident and on which the deceased was sitting.

Having considered the facts and the circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which shall be considered by the trial court on its own merit without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) P.S./- U T