Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6793 of 2018 Arising Out of PS. Case No.-52 Year-2017 Thana- BRAHAMPUR District- Buxar ====================================================== Santosh Singh, Son of Sri Ram Singh, Resident of Village- Rahathua, P.S.- Brahampur, District- Buxar ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Shri Markandey Singh, Advocate Shri Anil Kumar, Advocate For the Opposite Party/s :

Sri Abhay Kumar - 1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-02-2018 Heard Shri Markandey Singh, learned counsel, assisted by Shri Anil Kumar, learned counsel for the petitioner and Shri Abhay Kumar No. 1, learned Additional Public Prosecutor. The sole petitioner, apprehending his arrest in Brahampur P.S. Case No. 52 of 2017 registered for the offence under Sections 302/34 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959 has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner by way of referring to the FIR submits that story of the prosecution appears to be not believable since it was alleged by the informant that he had seen that his father was fleeing away on foot whereas four accused persons on two motorcycles were chasing and thereafter he

Patna High Court Cr.Misc. No.6793 of 2018(2) dt.12-02-2018 2/2 was fired by two accused. Though it was alleged that petitioner was also having pistol in his hand there was no allegation of firing. He further submits that there was old animosity in between the parties and earlier a case was instituted against the deceased on allegation of forcefully snatching rifle of the petitioner. He further submits that Police after investigation had submitted final report, however learned Magistrate differing with the Police report has passed order of cognizance. Besides hearing learned counsel for the parties, I have also perused the materials available on record. On going through the FIR, I am of the view that it is not a case for grant of anticipatory bail.

The petition stands dismissed.

(Rakesh Kumar, J) praful/- U T