Kameshwar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.30673 of 2016 (3) dt.18-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30673 of 2016 Arising Out of PS.Case No. -65 Year- 2015 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================

1. Kameshwar Yadav Son of Late Sukhdeo Yadav resident of VillageChhechhni, P.S. - Bithan, District-Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Prasad Yadav For the Opposite Party/s Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 18.11.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Bithan P. S. case no. 65/2015 registered under section 302/34 of the Indian Penal Code and section 27 of the Arms Act.

Petitioner is not only order giver but according to the fardbeyan of the informant he, too, fired on the deceased. Learned counsel for the petitioner submits that Superintendent of Police, Samastipur in his supervision note has observed that the petitioner has falsely been implicated but, in my view, supervision note is nothing but opinion of the police officer and if the police is of the view that the petitioner has falsely been implicated, then police may drop the case against him. Therefore, in the aforesaid circumstance, petitioner does not have any apprehension of his arrest.

Patna High Court Cr.Misc. No.30673 of 2016 (3) dt.18-11-2016 Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with the above stated case stands rejected.

shahid (Hemant Kumar Srivastava,J) U T