Gunjan Kumar @ Chotu Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55594 of 2016 Arising Out of PS.Case No. -134 Year- 2016 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Gunjan Kumar, alias Chhotu Kumar @ Chhotu Son of Late Sudhir Kumar Singh, of Village- Roma Aapuch, P.S.- Mushahari, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Sharma, APP For the Opposite Party/s : Smt. Indu Bala Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-02-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Mushahari P.S. Case No. 134 of 2016 registered under Sections 302, 120B, 34 of the Indian Penal Code and section 27 of the Arms Act.

Allegation against the petitioner, in brief, is that the deceased was taken by two accused persons, namely, Chandan and Rakesh and when the wife of the deceased was talking on mobile phone, some firing sound was heard and she suspected about killing of her husband by accused Anjani Thakur and others. The learned counsel appearing on behalf of the petitioner submits that there is no eye witness in this case and during the course of investigation it transpires that only Anjani Thakur had shot at him and this petitioner was not along with them and he has no criminal antecedent.

Considering the material available in the case diary showing that due to some money transaction, the informant's

Patna High Court Cr.Misc. No.55594 of 2016 (3) dt.06-02-2017 2/2 husband was eliminated, though during the course of investigation the case diary shows that Anjani Thakur in association with petitioner and others shot at him, so I am not inclined to admit the petitioner on anticipatory bail in connection with Mushahari P.S. Case No. 134 of 2016, pending in the court of learned Sub-Judge III, Muzaffarpur.

However, if the petitioner surrenders in the court below and seeks regular bail, then the same shall be considered on its own merit without being prejudiced by this order. (Arun Kumar, J) BTiwary/- U T