Patna High CourtCR. MISC./6983/2015rejected

Awadhesh Kumar @ Awadhesh Singh v. The State Of Bihar

2015-02-23Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.6983 of 2015 (2) dt.23-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6983 of 2015 Arising Out of PS.Case No. -75 Year- 2014 Thana -DIDARGANJ District- PATNA ======================================================

1. Awadhesh Kumar @ Awadhesh Singh Son of Shiv Shankar Singh Resident of Village Gyanchak, P.S. Didarganj, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naresh Dikshit For the Opposite Party/s Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 23.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Didarganj P. S. case no. 75/2014 registered under sections 341, 326, 307/34 of the IPC and 27 of the Arm Act.

There is specific allegation against the petitioner that he opened fire causing fire arm injury to informant. The contention on behalf of the petitioner is that the petitioner is agnate of the informant and a partition suit is going on between them. It is further contended by him that according to the prosecution case itself, three unknown persons had covered their faces at the time of alleged occurrence but it is surprisingly enough that the petitioner being agnate of the informant did not cover his face at the time of alleged occurrence and the aforesaid circumstance clearly goes to show false implication of the petitioner in the alleged crime.

Patna High Court Cr.Misc. No.6983 of 2015 (2) dt.23-02-2015 Considering the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on anticipatory bail and accordingly, his prayer for anticipatory bail in connection with Didarganj P. S. case no. 75/2014 pending in the court of Sri Sanjay Kumar IV, Judicial Magistrate, Ist Class, Patnacity/concerned court stands rejected.

However, if the petitioner surrenders within six weeks from today and seeks regular bail, his regular bail application shall be considered on its own merit without being prejudiced by this rejection order, particularly, keeping in mind the submissions advanced before this court.

shahid (Hemant Kumar Srivastava,J) U T