Kameshwar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.23827 of 2017 (2) dt.14-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23827 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ====================================================== Kameshwar Singh Son of Late Ramdeo Singh, Resident of VillageMadhopur Dighra, P.S.- Tajpur, District- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ravi Ranjan, Advocate.

For the Opposite Party : Mr. Nawal Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2017 Heard both sides.

The petitioner apprehends his arrest in Tajpur P.S. Case No. 06 of 2017 registered for the offences punishable under Sections 147, 148, 149, 448, 341, 323, 324, 302, 504 and 506 of the Indian Penal Code.

The petitioner is not the assailant of the deceased rather from perusal of the FIR, itself, it appears that the petitioner along with Ajay and Ranjay assaulted Ram Babu Singh, the elder brother of the informant.

Learned counsel for the petitioner submits that the police has submitted charge sheet showing the petitioner absconder and the trial has begun.

Considering the fact that the petitioner has already

Patna High Court Cr.Misc. No.23827 of 2017 (2) dt.14-07-2017 been declared absconder and the police submitted charge sheet against the petitioner also, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrender before the court below within four weeks from the date of receipt/production of a copy of this order pray for regular bail and prayer for regular bail of the petitioner shall be considered on its own merit without being prejudiced of this order and taking into consideration that the petitioner is not the assailant of the deceased and dispose of the bail petition if possible on the same day.

(Prabhat Kumar Jha, J) KKSINHA/- U T