Patna High CourtCR. MISC./28473/2016rejected

Lalan Singh v. The State Of Bihar

2016-07-25Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28473 of 2016 Arising Out of PS.Case No. -133 Year- 2016 Thana -TEKARI District- GAYA ======================================================

1. Lalan Singh son of Late Triveni Singh, resident of village- Mahmadpur, Police Station- Tekari and District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar, Advocate. For the State : Mr. Chandra Bhushan Prasad, APP For the Informant : Mr. Bipin Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-07-2016 Heard learned counsel for the petitioner and learned counsel for the State as well as the informant. The petitioner seeks anticipatory bail in Tekari (Panchanpur) P.S. Case No.133 of 2016 instituted for the offences under Sections 302/34 of the Indian Penal Code. It appears from the First Information Report that an information has been given to the informant that her mother has been killed while she was at her house. When she returned to the house it was found that her mother was killed by sharp cutting weapon. It has been alleged that there was land dispute with the petitioner.

Learned counsel for the petitioner submits that there is no material against the petitioner save and except the land

Patna High Court Cr.Misc. No.28473 of 2016 (2) dt.25-07-2016 dispute and that cannot be a ground for refusing bail to him. He further submits that save and except that he was identified by one Gaya Singh, there is no other material against him. It appears that petitioner has been made sole accused in the present case. It is a case of circumstantial evidence and police has been investigating the present case. In such view of the matter, this Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected.

(Shivaji Pandey, J) Vinay/- U T