Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54370 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- SONO District- Jamui ====================================================== Pintu Kumar, S/o Fuleshwar Yadav, R/o Village- Agahra, P.S.- Sono, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sono P.S. Case No. 89 of 2019 registered under Section 302/34 of the Indian Penal Code, pending in the court of A.C.J.M.-I, Jamui.

The accusation is that in routine course, Nityanand Yadav @ Manoj Yadav, brother of the informant, Binod Yadav, was going to his coaching centre on 25.03.2019, at about 8 A.M. and due to old enmity, eight persons named in the F.I.R. including the petitioner assaulted his brother by pelting stones and bricks. On receiving information about the aforesaid incident, the informant reached there and found that his brother

Patna High Court CR. MISC. No.54370 of 2019(2) dt.30-08-2019 2/2 was lying in injured condition. Thereafter, his brother was rushed to Primary Health Centre, Sono, from where, his brother was referred to Patna, where his brother was declared dead. Learned counsel for the petitioner submits that it would appear from the F.I.R. that informant is not the eye witness to the occurrence and due to grudge enmity, petitioner and seven others have falsely been implicated in this case. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T