Tony Singh @ Satish Kumar Singh @ Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48780 of 2018 Arising Out of PS. Case No.-145 Year-2017 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Tony Singh @ Satish Kumar Singh @ Satish Kumar Son of Lakshman Singh Resident of Village - Kolhua Paigambarpur (Gandhi Nagar), P.S. Ahiyapur, District Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Ahiyapur P.S. case No.145 of 2017 registered under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act, pending in the court of C.J.M., Muzaffarpur. Allegation is that the petitioner is that he fired upon the informant, which hit in his chest and then he fell down. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The allegation made in the F.I.R. is denied by the

Patna High Court Cr.Misc. No.48780 of 2018(4) dt.05-11-2018 2/2 petitioner. The informant is not an eye witness to the alleged occurrence. She has filed an affidavit in the court below denying the allegations.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. Specific allegation is against him for firing upon the injured. The injury report also supports the allegations made in the F.I.R.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and pray for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T