Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 47622 of 2015 Arising Out of PS.Case No. -501 Year- 2014 Thana -RUNNISAIDPUR District- SITAMARHI ====================================================== Sonu Kumar Son of Arun Kumar @ Arun Kumar Singh, Resident of Village Madaul, P.S. - Runnisaidpur, District - Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.
For the Opposite Party/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends arrest in Runnisaidpur P.S. Case No. 501 of 2014 dated 06.11.2014 instituted under Sections 302/307/120B/34 of the Indian Penal Code.
The allegation against the petitioner is that he was driving one of the motorcycles, out of the two on which there were two other pillion riders, who indiscriminately fired on the informant and his brother and sister-in-law, who were riding on the motorcycle of the informant resulting in the death of his sister-in-law at the spot and injury to his brother. Learned counsel for the petitioner submits that due to village rivalry the petitioner has been falsely implicated and further it cannot be believed that the two motorcycles running parallel will fire upon the informant and others and
Patna High Court Cr.Misc. No.47622 of 2015 (2) dt.03-11-2015 2/3 risk hitting each other also as they were on the opposite side of the motorcycle of the informant. It is further submitted that at best the petitioner was only driving the motorcycle and is not alleged to have fired. Learned counsel submits that the petitioner has no criminal antecedent. He has also produced copy of order dated 10.07.2015 passed in Cr. Misc. No. 25105 of 2015, by which co-accused Randhir Singh has also been granted anticipatory bail with certain observations for surrendering before the Court below.
Learned A.P.P.
opposes the prayer for anticipatory bail and submits that the description in the F.I.R. cannot be seen in a highly technical manner and the fact that specific name has been taken of the petitioner driving the motorcycle from which the persons sitting as pillion riders had fired, clearly establishes the active role of the petitioner in the episode. It is further submitted that Randhir Singh's case in which the co-ordinate bench had given certain observations is different as he is not said to be at the place of occurrence which is clear from the F.I.R. itself.
Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail.
The application, accordingly, stands dismissed. However, in the event the petitioner surrenders
Patna High Court Cr.Misc. No.47622 of 2015 (2) dt.03-11-2015 3/3 and prays for bail before the Court below, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.
(Ahsanuddin Amanullah, J.) P. Kumar U T