Patna High CourtCR. MISC./52500/2019bail rejected

Md. Salim v. The State Of Bihar

2019-08-22Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52500 of 2019 Arising Out of PS. Case No.-259 Year-2019 Thana- MOTIHARI TOWN District- East Champaran ====================================================== MD. SALIM, Son of Late Rafique Resident of Mohalla- Miscot, P.S.- Motihari Town, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-08-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Town P.S. Case No. 259 of 2019, registered under Sections 147, 148, 149, 323, 324, 326, 307, 302 and 506 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, East Champaran at Motihari.

The accusation is that on 22.04.2019 at about 9.00 P.M. informant Sanjay Kumar was inside the house. At that time, his cousin Ramjee Kumar started to knock the door then informant came out and saw seven persons named in the F.I.R. along with 3-4 unknown persons were present there having armed with knife, iron rod etc. On the order of Rajkumar @ Raju, Ramjee Kumar, Sagar Kumar, Raj Kumar @ Raju and

Patna High Court CR. MISC. No.52500 of 2019(2) dt.22-08-2019 2/2 Sushila Devi started to caused assault to him through knife, when Ajay Kumar, Nirmala Devi and Vijay Kumar, brothers and mother of informant, rushed there then they were also assaulted in which Ajay Kumar sustained grievous injury, who died on the spot.

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) manish/- U T