Patna High CourtCR. MISC./9867/2021bail rejected

Sunil Kumar Singh @ Babu Nand Singh @ Sunil Singh v. The State Of Bihar

2021-12-20Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9867 of 2021 Arising Out of PS. Case No.-65 Year-2020 Thana- AANDAR District- Siwan ====================================================== SUNIL KUMAR SINGH @ BABU NAND SINGH @ SUNIL SINGH Son of - Shree Baliram Singh Resident of Village- Chitaur, P.S.- Andar, DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindhyachal Singh, Sr. Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2021 Heard Mr. Bindhyachal Singh, the learned senior Advocate for the petitioner and Mr. Sunil Kumar Pandey, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Andar P.S. Case No. 65/2020 instituted for the offences under Sections 302, 307/34 of the Indian Penal Code.

The accusation against the petitioner is of firing from his weapon repeatedly leading to the death of the deceased who is the brother of the informant. The learned counsel for the petitioner has drawn the attention of this Court to the counter case lodged by the

Patna High Court CR. MISC. No.9867 of 2021(3) dt.20-12-2021 2/2 uncle of the petitioner, wherein it has been alleged that because of the firing resorted to by the brother of the deceased, he himself was hurt and perhaps that was the cause of his death.

What has really been harped upon is that in the occurrence, a person from the side of the petitioner also was injured but no explanation has been given in the subject F.I.R. which makes the prosecution version highly doubtful. Be that as it may, regard being had to the nature of accusation against the petitioner, I am not inclined to grant anticipatory bail to him.

The prayer for anticipatory bail is rejected. Should the petitioner surrender before the court below and seek bail, all the grounds noted-above shall be considered and an order shall be passed without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T