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Patna High CourtCR. MISC./41467/2014dismissed

Tarkeshwar Singh @ Major v. The State Of Bihar

2015-04-27Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41467 of 2014 Arising Out of PS.Case No. -146 Year- 2014 Thana -DESRI (Sahdei OP) DistrictVAISHALI(HAJIPUR) ====================================================== Tarkeshwar Singh @ Major Son of Gajendra Singh Resident of Village - Rampur Bagel, P.S.- Desari (Sahdei O.P.). District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 27-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in Desri (Sahdei O.P.) P.S. Case No. 146 of 2014 dated 12.06.2014 instituted under Sections 302/34/120B of the Indian Penal Code. Learned counsel for the petitioner submits that as per the allegation itself the petitioner was only driving the motorcycle and it was the other person who was sitting behind

Patna High Court Cr.Misc. No.41467 of 2014 (3) dt.27-04-2015 2/2 who fired on the deceased. It is further submitted that the other person has been arrested and has confessed his guilt and the only role of the petitioner was that he was driving the motorcycle. Learned A.P.P., upon going through the case diary, submits that witnesses have seen the petitioner driving the motorcycle along with the assailant who had fired on the deceased. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, this Court is not inclined to enlarge the petitioner on anticipatory bail. The application, accordingly, stands dismissed. (Ahsanuddin Amanullah, J) Anjani/- U T