Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22219 of 2015 Arising Out of PS.Case No. -160 Year- 2013 Thana -EKMA District- SARAN ====================================================== Guddu Kumar son of Raj Kumar Prasad resident of village - Ismail Shahid Siswan Dhala, P.S. - Siwan Town, District - Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Lalan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Ekma P.S.Case No. 160/2013 case instituted under Sections 328 and 395 of the Indian Penal Code, pending in the Court of learned C.J.M., Saran at Chapra.

The informant has alleged that he along with his loaded truck bearing Registration No. MP-KC-9213 was going from Indore to Chapra. On 10.12.2013 at 10 A.M. he reached at Chapra and unloaded half goods of the truck. The informant proceeded from Chapra to Siwan with the truck. When he reached between village Mane and Mathia, in the meantime one Bolero overtake the same and got stopped the truck. Eight persons encircled the truck. One of the miscreants sat on the staring sit of the truck and

Patna High Court Cr.Misc. No.22219 of 2015 (2) dt.13-07-2015 2/2 one miscreant got sit the Bolero dragging him from the truck. The miscreants assaulted him and got unconscious him injecting saline. The miscreants brought him village- Mukundpur and throwing him from Bolero. They fled away.

It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR. Further it has been submitted that the name of the petitioner has come in course of investigation. Further it has been submitted that no T.I. Parade has been conducted.

On behalf of the State, it has been submitted that the name of the petitioner has come in course of investigation. Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner is rejected.

However, if the petitioner surrenders in court below within a period of six weeks and pray for regular bail, the same shall be considered by the court below without being prejudiced by this order of rejection.

(Sudhir Singh, J) singh/- U T