Jyotish Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71774 of 2019 Arising Out of PS. Case No.-181 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== Jyotish Singh, Son of Bechan Singh, Resident of Village - Khapur, P.S.- Alamnagar (Ratwara), District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rupesh Kumar, Advocate For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-10-2020 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Alamnagar (Ratwara) P.S. Case No.181 of 2018, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the accused including the petitioner has been made in the FIR that on the fateful day, when the informant was returning after taking feast, in order to kill the informant, firing was made, but anyhow he saved his life, but from that firing, one Sintu Kumar received firearm injury, as a result of which, he died.
Patna High Court CR. MISC. No.71774 of 2019(8) dt.19-10-2020 2/2 Counsel for the petitioner submits that with regard to the same incident, another FIR has been lodged bearing Alamnagar P.S. Case No. 180 of 2018 under Sections 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act in which allegation has been made that Sintu Kumar had died on account of firing made by Mohan Singh. He has further submitted that the informant Sohan Singh moved this Court for grant of regular bail vide Cr. Misc. No. 17428 of 2019 and this Court vide order dated 29.03.2019 has granted the bail to Sohan Singh considering the fact that the specific accusation of firing on the victim is against Mohan Singh, but it is the anticipatory bail and the allegation has been made in the FIR of making firing against the petitioner and others. Looking to the entire facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner.
Accordingly, his prayer for bail is rejected. (Shivaji Pandey, J) V.K.Pandey/- U T