Kanhaiya Singh @ Kanhai Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52769 of 2016 Arising Out of PS.Case No. -82 Year- 2013 Thana -RISHIYAP District- AURANGABAD ====================================================== Kanhaiya Singh @ Kanhai Singh Son of Late Jagdip Singh resident of village - Nathu Nagar, P.S. Risiup, Dist. Aurangabad. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Dhari Singh For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-03-2017 Heard.
Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 04.04.2016 passed in Cr. Misc. no. 13213 of 2016 taking note of the specific allegation levelled against the petitioner but again this petition has been filed on behalf of the petitioner on the ground that in course of investigation the witnesses stated about the false implication of the petitioner.
Learned counsel appearing on behalf of the petitioner submits that in course of investigation several witnesses stated that it was the informant himself, who had killed his father in order to grab the property. To fortify the aforesaid contention, learned counsel for the petitioner has referred several paragraphs of the
Patna High Court Cr.Misc. No.52769 of 2016 (3) dt.08-03-2017 2/2 case diary.
I am not convinced with the aforesaid submission because the witnesses, whose statements have been referred by the learned counsel for the petitioner, are not the eye witnesses and informant claims himself to be an eye witness to the occurrence. Moreover, after due investigation police submitted chargesheet finding the case true.
Considering the facts and circumstances of the case as well as allegation levelled against the petitioner, I am not inclined to grant bail to the petitioner. Hence, prayer for bail of the petitioner in connection with Risiup P. S. Case no. 82 of 2013 pending in the court of learned Chief Judicial Magistrate, Aurangabad, stands rejected.
(Hemant Kumar Srivastava, J) sudip/- U T