Patna High CourtCR. MISC./31369/2018rejected

Sumangar Yadav @ Sugambar Yadav v. The State Of Bihar

2018-12-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31369 of 2018 Arising Out of PS. Case No.-66 Year-2016 Thana- KARAI PARSURAI District- Nalanda ====================================================== Sumangar Yadav @ Sugambar Yadav S/o Late Baleshwar Yadav, R/o Vill.- Nijamat, P.S.- Dhanarua, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Karai Parsurai P.S. case No.66 of 2016 registered under Sections 147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act, pending in the court of Additional Chief Judicial Magistrate, Hilsa, Nalanda.

Allegation is that the accused persons including the petitioner fired upon the informant's uncle, on account of which he sustained grievous injury and died.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.31369 of 2018(4) dt.05-12-2018 2/2 present case. The petitioner was not present at the place of occurrence, which is evident from Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is alleged to have fired upon the deceased causing his death.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T