Himanshu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.14302 of 2018 (2) dt.06-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14302 of 2018 Arising Out of PS.Case No. -81 Year- 2017 Thana -RIGA District- SITAMARHI ======================================================

1. Himanshu Kumar S/o Chandeshwar Patel @ Chandrashekhar Patel , R/o Village- Rewasi, P.S.- Riga, District- Sitamrhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 06.04.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Riga P. S. case no. 81/2017 registered under section 302/34 the Indian Penal Code.

Although learned counsel for the petitioner seeks anticipatory bail on the ground that some co-accused have already been granted the privilege of anticipatory bail by coordinate bench of this court and the deceased died of cardiac arrest but I am not at all convinced with the aforesaid submissions.

It is apparent from perusal of fardbeyan of the informant that the petitioner is very much named in the first

Patna High Court Cr.Misc. No.14302 of 2018 (2) dt.06-04-2018 information report with allegation that he participated in assaulting the deceased. It is well settled principle of law that ocular evidence shall prevail over medical evidence. Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail stands rejected. shahid (Hemant Kumar Srivastava,J) U T