Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11304 of 2016 Arising out of PS.Case No. -6 Year- 2015 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Sonu Kumar, Son of Sahendra Rai, resident of Village- Raghopur, P.S.- Raghopur, Distt.- Vaishali.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar Jha, Advocate. For the Opposite Party : Mr. Binod Kumar(App) For the Informant : Mr. Mohan Kumar Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2016 Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Raghopur P.S. Case No. 06 of 2015 for the offences instituted under Sections 341, 323, 324, 302 and 120(B) of the IPC., and 27 of the Arms Act.

The prosecution story, in brief, is that on 15.02.2015 at about 7-8 A.M., all the FIR named accused persons, who are Patidars of the informant, forcibly got stopped the construction of the house of the informant. The informant did not speak anything on account of fear. The nearby people came and told that the work will be done after measurement but the accused persons did not allow the construction work and threatened the informant to shoot.

Patna High Court Cr.Misc. No.11304 of 2016 (2) dt.18-05-2016 2/3 It is alleged that this petitioner made firing from the gun of Nawal Kishore Rai. The informant and his uncle Anant Kumar @ Aklu Rai proceeded for Patna on bike but the accused Gajendra Rai, Sahendra Rai, Bijendra Rai, Pankaj Kumar, Amit Kumar @ Puja Kumar and Nawal Kishore Rai surrounded the informant and his uncle near Grill Factory and accused Golu Kumar, Gorakh Kumar and this petitioner came there and started assaulting the informant and his uncle. The petitioner caused Katta shot injury in the chest of the informant's uncle who died on the way of hospital. It is alleged that the occurrence has been committed at the instigation of Parwati Devi.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is an admitted land dispute between the parties and for the said reason he has been implicated in the present case. The allegation made in the FIR is denied by him.

On behalf of the learned counsels for the State and the informant it has been submitted that the petitioner is named in the F.I.R. and fatal injury upon the deceased has been caused by petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is

Patna High Court Cr.Misc. No.11304 of 2016 (2) dt.18-05-2016 3/3 rejected in Raghopur P.S. Case No. 06/2015, pending in the court of the learned J.M. Ist Class, Vaishali at Hajipur. U.K./- (Sudhir Singh, J) U T