Patna High CourtCR. MISC./31070/2016rejected

Naresh Kumar Singh @ Naresh Singh v. The State Of Bihar

2016-08-17Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31070 of 2016 Arising Out of PS.Case No. -106 Year- 2015 Thana -SARAI District- VAISHALI(HAJIPUR) ======================================================

1. Naresh Kumar Singh @ Naresh Singh son of Sri Shyam Sundar Singh, resident of village Jahangirpur Patadha, Police Station Sarai, District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Choudhary For the Opposite Party/s : Mr. M.Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-08-2016 Heard both sides.

Apprehending his arrest in connection with Sarai P.S. case no.

of 2015, registered under Sections 341,342,324,325,326 and 379/34 of the IPC (later Section 302 IPC added) the petitioner has filed the present application for anticipatory bail.

The allegation in the FIR is that when the petitioner instructed the informant to prepare tobacco, the same was refused which enraged him and he caught collar of the informant and later thrashed with bamboo (Fatha) studded with nails. The informant fell down whereafter his father also came and assaulted the informant. The informant after 04 months died of the injuries.

Patna High Court Cr.Misc. No.31070 of 2016 (2) dt.17-08-2016 2/2 Contention of the petitioner is that it was never intended to commit murder of the informant. In the post mortem report no external injury was found.

Learned APP for the State, on the other hand, points out from the impugned order that in the post mortem report fracture of both forearm and legs were found which are attributable to the petitioner.

Having regard to the allegations and other materials reflected from the record, I am not persuaded to extend the privilege of anticipatory bail to the petitioner. Prayer is rejected. (Kishore Kumar Mandal, J) Shyam/- U T