Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57446 of 2015 Arising out of PS.Case No. -445 Year- 2015 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Suraj Kumar, son of Shambhu Prasad, resident of at Shyam Cinema Road P.S. Gopalganj Town, District - Gopalganj.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Javed Aslam, Advocate. For the Opposite Party : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2016 Heard learned counsels for the petitioner, informant and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Gopalganj P.S. Case No. 445 of 2015 for the offences instituted under Sections 326, 307/34 of the IPC, 25(1-b)A and 27 of the Arms Act.
The prosecution story, in brief, is that on 04.11.2015 at about 7.30 P.M., the informant with his friend Lalit Kumar Singh was standing at Mauniya Chawk near SBI Bank. In the meantime, petitioner together with one of his brothers came behind him and with intention to kill him fired on him which hit near his back bone. The cause of occurrence is said to be the old enmity in which both side lost their men. Lalit Kumar also sustained
Patna High Court Cr.Misc. No.57446 of 2015 (3) dt.09-03-2016 2/2 firearms injury in left side of waist.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has been made accused in the present case due to previous enmity. There is a criminal case also between the parties in which the petitioner's side is the informant. The present case has been instituted in retaliation to the case instituted by the petitioner's side. The said case was instituted by the petitioner's side for commission of murder of the petitioner's brother.
On behalf of the learned counsels for the informant and the State it has been submitted that the petitioner is named in the F.I.R. and there is specific allegation of assault against him. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in Gopalganj P.S. Case No. 445/2015, pending in the court of the learned C.J.M., Gopalganj. Anyhow, if the petitioner surrenders in the court below the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) U.K./- U T