Satyendra Kumar @ Murhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65931 of 2018 Arising Out of PS. Case No.-222 Year-2017 Thana- ATHMALGOLA District- Patna ====================================================== Satyendra Kumar @ Murhi Son of Late Yugo Yadav, Resident of Laheriya Pokhar, P.S.- Barh, District- Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chhote Lal Mishra, Adv.
For the Opposite Party/s :
Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest for the offences alleged under Sections 302, 120B and 34 Indian Penal Code and section 27 Arms Act registered in connection with Athmalgola P.S. Case No. 222/2017.
It is submitted that the petitioner has been falsely implicated and the entire accusation narrated in the First Information Report are highly improbable. Even though the occurrence is said to have transpired at Bakhtiarpur and the injured/nephew of the informant taken to the hospital by the Police, no First Information Report has been instituted at Bakhtiarpur. It is also highly unlikely that the nephew of the informant having received bullet injuries on his head and
Patna High Court Cr.Misc. No.65931 of 2018(3) dt.04-02-2019 2/2 stomach would have been in a position to disclose the name of the petitioner and other co-accused persons to the informant. Petitioner claims clean antecedent.
Considering the nature of accusation and the gravity of offence alleged, this court is not inclined to grant the privilege of anticipatory bail to the petitioner. Bail petition stands dismissed.
If the petitioner surrenders and seeks regular bail before the learned court below the same shall be considered on its own merit in accordance with law and shall be disposed of expeditiously without being prejudiced by any observation in the present order.
(Vikash Jain, J) vinita/- U T