Patna High CourtCR. MISC./80210/2019dismissed

Mukesh Sah @ Mukesh Kumar Sah v. The State Of Bihar

2019-12-06Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80210 of 2019 Arising Out of PS. Case No.-314 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== MUKESH SAH @ MUKESH KUMAR SAH S/o Birendra Sah R/o villageMagarpal, Nuran, P.O.- Tarwa Magarpal, P.S.- Dariyapur, District- Sarana at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, in the present case, is seeking anticipatory bail in connection with Dariyapur P.S. Case No. 314 of 2019 for offences registered under Section 302/34 of the Indian Penal Code pending in the court of learned C.J.M. Saran at Chapra.

Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the F.I.R., no eye witness of the present case rather the informant was informed by one Dinesh Sharma about the incident of the son of the informant that he was lying on the road in injured condition, however petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.80210 of 2019(2) dt.06-12-2019 2/2 Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner submits that this petitioner along with others have assaulted the son of the informant and one Dinesh Sharma has seen them fleeing away after having thrown the injured who died.

Considering the facts and circumstances and the nature of allegation alleged against the petitioner, this court is not inclined to grant privilege of anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is, thus, refused.

In case, petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today his prayer for regular bail shall be considered by the court below on it's own merit without being prejudiced by the order of this court.

(Rajeev Ranjan Prasad, J) Rajeev/- U T