Rohan Kumar @ Sudhanshu Shekhar @ Rohan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 16440 of 2017 Arising Out of PS.Case No. -209 Year- 2015 Thana -SHEIKHPURA District- SHEIKHPURA ====================================================== Rohan Kumar @ Sudhanshu Shekhar @ Rohan Singh S/o Vinod Singh @ Ram Vinod Singh Resident of Village- Kosara, P.S.- Sheikhpura (Kusumbha O.P.) in the District of Sheikhpura. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Smt. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
06-07-2017 Heard Sri Sanjeev Kumar, learned counsel for the petitioner and Smt. Sangeeta Sharma, learned Addl. Public Prosecutor.
The sole petitioner, apprehending his arrest in Sheikhpura P.S. Case No. 209 of 2015 registered for offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959, has prayed for grant of bail in the event of his arrest or surrender.
Learned counsel for the petitioner submits that though petitioner was named in the F.I.R., during investigation, it was found that petitioner at the relevant time was in judicial custody and this was the reason that police after investigation exonerated the petitioner and submitted final report, however; the learned
Patna High Court Cr.Misc. No.16440 of 2017 (2) dt.06-07-2017 2/2 Magistrate, differing with the police report, has taken cognizance of offence. He further submits that some of the accused have already been extended the privilege of anticipatory bail. On aforesaid ground, he has made a prayer for grant of anticipatory bail.
However, on going through the F.I.R., it is evident that informant is none else but wife of the deceased, who made specific statement that in her presence, this petitioner fired, which hit on the chest of her husband and he died.
Considering the fact that in the F.I.R. itself there is specific accusation, there is no reason to extend the privilege of anticipatory bail.
Dismissed.
(Rakesh Kumar, J.) Anay U T