Devendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65386 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- MATIHANI District- Begusarai ====================================================== DEVENDRA SINGH S/o Dashrath Singh R/o village- Ramdiri Mahaji, P.S.- Matihani, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Ms.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Matihani P.S. Case No. 108 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution case petitioner has threatened the deceased to teach lesson within 24 hours and thereafter informant heard sound of firing, went out and saw his brother fallen on the ground and petitioner was carrying pistol in his hand. It is also alleged that while returning one Rajesh Singh @ Naga has also fired on his brother.
Submission of learned counsel for the petitioner is that only on suspicion he has been made accused and there is no eye-witness to the occurrence.
Heard learned APP and learned counsel for the
Patna High Court CR. MISC. No.65386 of 2019(3) dt.09-01-2020 2/2 informant, who has opposed the prayer for anticipatory bail stating that petitioner was seen just after the occurrence having pistol in his hand and earlier he threatened the deceased, as such he does not deserve anticipatory bail.
In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He has to surrender and pray for regular bail, which shall be considered on its own merit.
This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J) spal/- U T