Suresh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65998 of 2021 Arising Out of PS. Case No.-108 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== SURESH SAHNI Son of Bengali Sahni Resident of Village - Matiariya, P.S.- Harsidhi, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rama Kant Sharma, Sr. advocate Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2022 Heard learned senior counsel for the petitioner and the State.
Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and u/s 27 of Arms Act.
As per the prosecution case, on the alleged date and time of occurrence, all the FIR named accused persons, including this petitioner, came at the shop of informant and coaccused, resorted to firing which hit on his chest, head and neck and he died on the spot. One accused was apprehended on the spot.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.65998 of 2021(2) dt.14-07-2022 2/2 case. It is submitted that occurrence took place on 22.03.2021 but the FIR was lodged after two days of the occurrence. It is further submitted that co-accused, who was apprehended on the spot, has not disclosed the name of this petitioner. Specific allegation of firing is against co-accused, Surendra Singh, and no specific overt act has been alleged against this petitioner. Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that informant is eye witness of the occurrence in which her husband died due to fire arm injuries. Petitioner has got criminal antecedent. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T