Naphu Wangham @ Naphu Wangsa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37296 of 2018 Arising Out of PS.Case No. -97 Year- 2008 Thana -CHAURADANO DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Naphu Wangham @ Naphu Wangsa S/o Late Tingpong Wangsa, R/o Zedue, P.S.- Longding , District - Longding state- Arunachal Pradesh. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner.
Petitioner apprehends his arrest in connection with Chhauradano (Mahuawa) P.S.Case No. 97 of 2008 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.
Allegation as per FIR is that 10-11 S.S.B. armed forces along with Major of Koriya Camp came to the field of the informant and fired, causing death of nephew of the informant. Submission of learned counsel for the petitioner is that petitioner is not named in the FIR and even during the investigation material has come that petitioner was posted in Arunachal Pradesh and later on he was transferred on the day of occurrence in the evening there and as such he has falsely been
Patna High Court Cr.Misc. No.37296 of 2018 (3) dt.16-08-2018 2/2 implicated in this case.
Heard learned APP also, who has opposed the prayer for anticipatory bail stating that process under Sections 82 and 83 Cr.P.C. has already been exhausted and the case is of the year 2008.
Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioner. If petitioner surrenders and pray for regular bail, learned court below shall consider the same on the basis of materials available on record and disposed of the same, if possible, on the same day.
With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) spal/- U