Patna High CourtCR. MISC./44872/2019rejected

Jitendra Kumar @ Chhotu Ram v. The State Of Bihar

2019-09-13Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44872 of 2019 Arising Out of PS. Case No.-408 Year-2018 Thana- DHANARUA District- Patna ====================================================== Jitendra Kumar @ Chhotu Ram Son of Nand Kishore Ram @ Gora Resident of Village Nima, P.S. Dhanarua, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lovekush Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-09-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Dhanarua P. S. Case No. 408 of 2018 dated 07.11.2018 instituted for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959. The petitioner is named in the F.I.R. along with others with the allegation of taking away the deceased for the purposes of celebrating Diwali. Later, the dead-body of the deceased was found. During the course of such, the petitioner, for no apparent reason, was found to be hiding in a paddy field with a weapon and a cartridge in his

Patna High Court CR. MISC. No.44872 of 2019(3) dt.13-09-2019 2/2 possession.

This Court is surprised as to what was the reason for the petitioner to carry such weapon in the paddy field. Incidentally, the deceased appears to have died of gun-shot injury.

Apart from the present case, because the petitioner was found to be in possession of a country-made weapon, another case under the Arms Act has been lodged against him about which reference has been made in paragraph 3 of the petition.

The petitioner is in custody since 08.11.2018. Considering that there is strong suspicion against the petitioner, I am not inclined to grant bail to the petitioner for the present.

The petition for bail is dismissed.

(Ashutosh Kumar, J) skm/- U