Patna High CourtCR. MISC./44655/2019rejected

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

2019-09-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44655 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== SURAJ KUMAR @ SURAJ KUMAR SINGH S/o Pramod Singh @ Pramod Kumar Singh R/o Village/Mohalla- Ward No. 3 Nirpur, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brisketu Sharan Pandey For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2019 Heard both sides.

The petitioner apprehends his arrest in Samastipur Muffasil P.S. Case No.104 of 2019 registered under Sections 447, 341, 323, 326, 307 read with Section 34 of the Indian Penal Code and Sections 25(1-b)a, 27, 26 and 35 of the Arms Act. The mother of the injured named the petitioner along with three other accused persons namely, Nishant Singh @ Bholu, Prashant Kumar Singh and Manish Kumar and alleged that they all came to her house and made firing at his son, Manish @ Raja.

The learned counsel for the petitioner submits that the informant is not an eye witness of the occurrence. The informant did not disclose that who fired at her son. The son of the

Patna High Court CR. MISC. No.44655 of 2019(3) dt.30-09-2019 2/2 informant got only one injury on the back of the chest. There are four accused persons but it appears that all the four accused persons after having conspired with each other went to the house of the informant and one of them made firing causing firearm injury on the back of the chest of the son of the informant. The son of the informant got grievous injury caused by firearm.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T