Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44041 of 2018 Arising Out of PS.Case No. -145 Year- 2017 Thana -KARPI District- JEHANABAD ======================================================

1. Suraj Kumar S/o Bijendra Kumar , R/o Vill.- Ranapur, P.S.- Rampur Chauram , District- Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Karpi P.S. Case No. 145/2017, instituted for the offences punishable under Sections 307 and 34 of the Indian Penal Code read with Section 27 of the Arms Act. Later on Sections 302 and 120(B) of the Indian Penal Code were also added.

The petitioner is a contract teacher.

In the written report, there is allegation that the Block Education Officer was shot dead in his office. The counsel for petitioner has submitted that name of petitioner has come in confessional statement of co-accused. The learned Additional P.P. has submitted that there are sufficient materials against the petitioner in case diary.

Patna High Court Cr.Misc. No.44041 of 2018 (3) dt.10-08-2018 2/2 The police has recorded statement of son of deceased in para 35 of case diary wherein he has disclosed about the threat given to his father (since deceased) by the Panchayat Secretary and other contract teachers on the ground that his father had detected about fake appointment of contract teacher and had lodged case against them. It is mentioned in the impugned order that the police during investigation has recorded the confessional statement of several accused persons as mentioned in the case diary in which involvement of petitioner is also found as a member of criminal conspiracy hatched by all accused persons to kill the Block Education Officer.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. The petitioner is directed to surrender before the Court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, which shall be considered on its own merit without being prejudiced by this order.

(Sanjay Priya, J.) Rakhi U T