Subelal Chouhan v. The State Of Bihar

Patna High Court Cr.Misc. No.6434 of 2017 (3) dt.18-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6434 of 2017 Arising Out of PS.Case No. -517 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Subelal Chouhan Son of Jagdish Chauhan Resident of Village- Sahajpur tole, Mubarakpur, P.S. Nawada (O.P. Kadirganj), District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Sri Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in connection with Nawada P.S. Case No. 517 of 2016 registered under Sections 147,148,323,324,307,302,504 and 506 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case due to land dispute. As per FIR, the petitioner was not assailant to the deceased.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that it is specifically mentioned in paragraph 63 of the case diary and 60 of the supplementary case diary that the petitioner was assailant in murder of the deceased.

Patna High Court Cr.Misc. No.6434 of 2017 (3) dt.18-04-2017 Also it is mentioned in the FIR that the petitioner has repeatedly given sword blow on the head of the deceased with intention to kill him.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the State, I do not feel inclined to grant the privilege of anticipatory bail to the petitioner. His prayer for bail is, therefore, rejected.

(Arvind Srivastava, J) Prakash/- U