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Patna High CourtCR. MISC./77910/2018dismissed

Ajay Kumar Singh v. The State Of Bihar

2019-01-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77910 of 2018 Arising Out of PS. Case No.-39 Year-2018 Thana- MORKAHI District- Khagaria ====================================================== Ajay Kumar Singh, S/o Balmiki Singh, resident of Sonbarsa, P.S. and Distt. - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 The petitioner apprehends his arrest in connection with Markahi P.S.Case No. 39 of 2018 registered under Sections 120B, 307, 323, 325, 341, 448, 504 and 506/34 of the Indian penal Code and 27 of the Arms Act.

Allegation, as per the FIR, is that on the sound of firing, informant went outside and found that two persons came on Apache motorcycle and made indiscriminate firing and assaulted one businessman Ranjeet Sah by the butt of the rifle thereafter businessman and the informant any how saved their life.

Submission of learned counsel for the petitioner is that petitioner is not named in the FIR rather later on his name transpired on the basis of CCTV footage the witness who has identified the petitioner is the resident of Begusarai and not

Patna High Court Cr.Misc. No.77910 of 2018(2) dt.03-01-2019 2/2 Khagaria.

Heard learned APP also who has opposed the prayer of anticipatory bail stating that petitioner was identified in CCTV footage.

Having heard both sides and in view of the allegation and identification of accused in CCTV footage, I am not inclined to grant privilege of anticipatory bail to the petitioner. If petitioner surrenders and prays for regular bail, the same shall be considered by the learned court below on its own merit without being prejudiced by this order.

(Vinod Kumar Sinha, J) sujit/- U T