Santosh Choudhary @ Santosh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30685 of 2018 Arising Out of PS.Case No. -38 Year- 2018 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Santosh Choudhary @ Santosh Kumar Choudhary S/o Late Bhola Chaudhary, R/o Mohalla- Patwa Toli, P.S.- Hajipur Town, District- Vaishali at Hajipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Singh For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-06-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Hajipur Town P.S. Case No. 38 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is named in the first information report with accusation that he along with others went to the house of the informant and, thereafter, one co-accused shot fire on the informant's father as a result of which informant's father died then and there.

Learned counsel for the petitioner submits that even

Patna High Court Cr.Misc. No.30685 of 2018 (3) dt.21-06-2018 2/2 if the prosecution story is assumed to be true, then also, petitioner was only a member of mob.

Regard being had to the facts and circumstances of the case as well as submissions of the parities, I am not inclined to grant privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Hajipur Town P.S.Case No. 38 of 2018, pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur stands rejected. (Hemant Kumar Srivastava, J) N.K/- U T