Raju Kumar @ Narendra Kumar Raju v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12663 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ====================================================== Raju Kumar @ Narendra Kumar Raju, Son of Ram Suresh Yadav, Resident at Mohalla- Indai, Police Station- Sheikhpura, District- Sheikhpura. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party.
====================================================== Appearance :
For the Petitioner : Mr. Vikram Deo Singh, Advocate. For the State : Mrs. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 27-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sheikhpura P.S. Case No.16 of 2017 registered under Sections 302/34 of the Indian Penal Code besides Section 27 of the Arms Act, pending in the court of the Chief Judicial Magistrate, Sheikhpura.
The accusation is that on 17.01.2017 at about 06.10 P.M. in the evening, Santosh Kumar Singh, the Officer Incharge of Sheikpura Police Station, received call on his official Mobile No.9431822682 from Mobile No.8409228344. The caller disclosed his name as Ujjawal Raj saying that at present, he is
Patna High Court Cr.Misc. No.12663 of 2017 (5) dt.27-07-2017 2/3 inside of Mariya Ashram Sheikhpura and Sunil Kumar, PRS Kare Panchayat, is calling him on phone outside the gate and he wants to fill the M.B. Book by wrong entry. Thereafter, the informant alongwith other police officials went there and found a man fallen on the ground and saw a person at some distance fleeing away from there to whom they chased but he fled away by jumping the boundary wall. The person, who had fallen on the ground, cried that he is Ujjawal Raj and he has been shot fire.
The informant taking Ujjawal Raj on the police jeep proceeded for Sadar Hospital and on the way, Ujjawal Raj informed him that earlier, Balmukund Yadav alias Ravikant, the representative of Mukhiya Kare Panchayat and Sunil Kumar, PRS Kare Panchayat, were giving threatening to him to fill the M.B. Book by wrong entry and to get the same, in the evening, Sunil Kumar, PRS Kare Panchayat, was calling him at the gate and when he did not go there, Nandan Yadav, Raju Kumar (petitioner) and Dharmendra Paswan were taking him forcibly outside the gate and, thereafter, Balmukund Yadav having a pistol in his hand ordered Nandan Yadav to shot fire at him and then he shot fire at him causing injury on his chest.
Learned counsel appearing on behalf of the petitioner submits that while the petitioner is named in the F.I.R. alongwith
Patna High Court Cr.Misc. No.12663 of 2017 (5) dt.27-07-2017 3/3 others but no specific overt act has been attributed to the petitioner. The petitioner was simply present on the spot where the deceased was shot fire.
Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. (Rajendra Kumar Mishra, J) P.S./- U T