Patna High CourtCR. MISC./31724/2017allowed

Raj Kumar Singh v. The State Of Bihar

2017-08-24Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.31724 of 2017 (4) dt.24-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31724 of 2017 Arising Out of PS.Case No. -114 Year- 2017 Thana -KODHA District- KATIHAR ====================================================== Raj Kumar Singh, son of Kameshwar Singh, resident of Village- Sisiya, P.S.- Korha, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Korha Police Station Case No. 114 of 2017, disclosing offences under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there was land dispute between the parties. As a matter of fact, there is only allegation against the petitioner that he was seen fleeing away from the place of occurrence and one Navin Kumar who was also seen fleeing away having armed with pistol. The doctor has found

Patna High Court Cr.Misc. No.31724 of 2017 (4) dt.24-08-2017 only one gun shot injury on the person of the deceased. No specific case is made out against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Korha Police Station Case No. 114 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T