Surendra Singh @ Surendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28340 of 2015 Arising Out of PS.Case No. -49 Year- 2014 Thana -KAUAKOL District- NAWADA ======================================================
1. Surendra Singh @ Surendra Prasad s/o Sudeshi Singh @ Sidheshwar Singh r/o - Rustampur, P.S. - Kawakol, Distt. - Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2015 Heard learned counsels for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 379, 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged that when the informant was returning along with his brother Narayan Singh and maternal uncle Ramanuj Singh he saw that the petitioner and others made indiscriminate firing on his mother and brother Gopal Singh when the injured succumbed to the injuries. It is submitted by learned counsel for the petitioner that from the F.I.R itself it appears that informant is not an eye witness to the occurrence. Moreover accusation of firing is omnibus and general.
Patna High Court Cr.Misc. No.28340 of 2015 (2) dt.27-07-2015 2/2 Considering the nature of accusation, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.
Accordingly the application is dismissed in connection with Kawakol P.S. Case No. 49 of 2014, pending in the Court of learned Judicial Magistrate, 1st Class, Nawada. (Dinesh Kumar Singh, J) Shageer/- U