Patna High CourtCR. MISC./29036/2018rejected

Suraj Mehta @ Raj Kumar v. The State Of Bihar

2018-07-16Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29036 of 2018 Arising Out of PS. Case No.-337 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== Suraj Mehta @ Raj Kumar Son of Ram Vinay Mahto Resident of VillagePipra Karimdad P.S. Phenhara, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Bettiah Town P.S. Case No.337 of 2017 registered under Sections 302 and 120(B)/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Allegation in brief is that one under trial prisoner Bablu Dubey, a veteran criminal, while being produced in the court; in the court premises some rival groups eliminated him by shooting at him causing his death.

Learned counsel for the petitioner submits that the FIR is against unknown and other co-accused were granted bail by co-ordinate Benches of this Court vide orders dated

Patna High Court Cr.Misc. No.29036 of 2018(5) dt.16-07-2018 2/2 05.12.2017, 14.12.2017 and 21.05.2018 passed in Cr. Misc. Nos.48022 of 2017, 59020 of 2017 and 19073 of 2018 respectively; whereas the learned counsel appearing on behalf of the State submits that the petitioner was put on TIP for identification and eye witnesses have identified him as one of the assailants, besides this the petitioner has also criminal antecedent.

Having considered the aforesaid facts and circumstances, the Court is not persuaded to grant bail to the petitioner. Accordingly, the prayer of bail of the petitioner is rejected.

(Arun Kumar, J) S.KUMAR/- U T