Sohan Chaupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41774 of 2018 Arising Out of PS.Case No. -35 Year- 2017 Thana -BHEJA District- MADHUBANI ====================================================== Sohan Chaupal, Son of Late Khublal Chaupal, Resident of Village- Birpur, P.S.- Madhepur, District- Madhubani.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Bheja P.S.Case No. 35 of 2017, corresponding to G.R.No. 971 of 2017, registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Petitioner is not named in the FIR and from FIR it appears that a dead body was recovered and informant suspected that petitioner might have killed him.

Submission of learned counsel for the petitioner is that except confessional statement of co-accused there is nothing against him and there is land dispute between the parties and the case is based merely on suspicion.

Heard learned APP also, who has opposed the prayer for

Patna High Court Cr.Misc. No.41774 of 2018 (3) dt.09-08-2018 2/2 anticipatory bail stating that role of the petitioner has also been assigned in the confessional statement of co-accused. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on the basis of materials available on record.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U