Patna High CourtCR. MISC./6279/2016disposed

Banti @ Banti Kumar v. The State Of Bihar

2016-02-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6279 of 2016 Arising Out of PS.Case No. -576 Year- 2015 Thana -NAUBATPUR District- PATNA ====================================================== Banti @ Banti Kumar Son of Rabindra Singh resident of village - Chechaul, P.S. Naubatpur, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bibhakar Tiwary, Adv. For the Opposite Party/s : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that when the husband of the informant was coming home on a motorcycle, the petitioner along with co-accused Gautam and two unknown persons resorted to fire, subsequently the husband of the informant succumbed to the injuries.

It is submitted by learned counsel for the petitioner that from the averments made in the FIR, it appears that the informant is not the eye-witness to the occurrence when none have supported the accusation and since the husband of the informant was of

Patna High Court Cr.Misc. No.6279 of 2016 (2) dt.09-02-2016 2/2 criminal temperament and used to collect extortion which was protested by the petitioner, hence the petitioner has been roped in the present case. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. The aforesaid facts may constitute ground for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Naubatpur P.S. Case No. 576 of 2015 pending in the court of learned JM, 1st Class, Danapur. Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T