Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80956 of 2019 Arising Out of PS. Case No.-914 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

PAWAN KUMAR Son of Rambali Sah Resident of Village - Neuri, P.S.- Ahiyapur, District- Muzaffarpur 2.

Pappu Kumar Son of Rambali Sah Resident of Village - Neuri, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 31-08-2021 Heard Mr. Nachiketa Jha, learned counsel for the petitioners and Mr. Shyam Kumar Singh, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Ahiyapur P.S. Case No. 914 of 2019 instituted for the offences under Sections 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation in the F.I.R. is that the informant saw the petitioners and others following his younger son. Later, he heard a sound of firing and and saw his son

Patna High Court CR. MISC. No.80956 of 2019(6) dt.31-08-2021 2/3 injured. The son of the informant told him that the petitioners and others have fired upon him. The informant harboured suspicion against the petitioners and others because sometimes prior to the occurrence, the deceased was threatened of dire consequences.

Mr. Jha, learned counsel for the petitioners has submitted that the informant is not an eye witness to the actual occurrence of assault and that the manner in which the occurrence has been narrated casts doubt on the veracity of the F.I.R. If two persons will catch hold of the victim and others would fire at him, the persons who are alleged to have caught hold of the victim would also run the risk of being injured or killed. On these two grounds, Mr. Jha, has prayed for grant of anticipatory bail to the petitioners. From perusal of the F.I.R. itself, it appears that the petitioners and others were seen following the deceased. The informant saw and heard the deceased shortly before he died. Since the petitioners have been named in the F.I.R. as they were named by the deceased shortly before his death, I am not inclined to grant anticipatory bail to them.

Patna High Court CR. MISC. No.80956 of 2019(6) dt.31-08-2021 3/3 Accordingly, the prayer for anticipatory bail is rejected.

While disposing of this petition, the Court has also taken note of the fact that the petitioner no. 1 is an accused in more than one cases.

(Ashutosh Kumar, J) sunilkumar/- U T