Birendra Singh @ Butaie Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68365 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- PARAIYA District- Gaya ====================================================== Birendra Singh @ Butaie Singh S/o Late Beyadar Singh, R/o villageChhakkan Bigha, P.S.- Paraiya, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Paraiya P.S. Case No.71 of 2019 registered for offence punishable under section 302/34 of the Indian Penal Code.

Allegation has been made by the informant that his cousin brother has been killed by the persons who were dining along with his cousin brother.

The learned counsel for the petitioner submits that it is a case of circumstantial evidence and in one case, in the case of Awadhesh Singh in Cr. Misc. No.79864 of 2019, one of the coordinate Bench of this Court has granted regular bail, but the present matter is for grant of anticipatory bail and the informant

Patna High Court CR. MISC. No.68365 of 2019(3) dt.06-03-2020 2/2 has brought an FIR where the allegation has been made that the brother of the petitioner is threatening to the family of the informant for dire consequences.

In such view of the matter, this Court is not inclined to grant bail to the petitioner and accordingly, his prayer for bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below without being prejudiced by this order will take decision in accordance with law.

(Shivaji Pandey, J) Mahesh/- U T