Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58570 of 2018 Arising Out of PS.Case No. -24 Year- 2018 Thana -JEHANABAD RAIL P.S. District- GAYA ======================================================

1. Pintu Kumar, Son of Vinay Ram Kewtar, Resident of VillageMakhdumpur, P.S.- Makhdumpur, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 379, 504 of the Indian Penal Code.

The prosecution case, in brief, is that the informant, being a Judicial Officer, boarded in a train and while the train reached near Makhdumpur station, 10-15 persons armed with lathi, danda entered the bogie and started to assault the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the FIR. The petitioners have been made

Patna High Court Cr.Misc. No.58570 of 2018 (2) dt.08-10-2018 accused in this case due to mistake of fact. No specific overt act has been attributed against the petitioner.

On behalf of the State, it is submitted that in the present case, a Judicial Officer is said to have been assaulted by the accused persons while he was travelling in the train. In course of investigation, it has come that it is the petitioner on whose instance, the other co-accused have assaulted the said Judicial Officer who was travelling in the train.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner in connection with Jehanabad Rail P.S. Case No. 24 of 2018 is rejected.

(Sudhir Singh, J) A.K.V./- U T