Shiv Kumar @ Shivjee Singh @ Shivajee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66369 of 2018 Arising Out of PS. Case No.-63 Year-2014 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Shiv Kumar @ Shivjee Singh @ Shivajee Son of late Bhola Rai Resident of Village- Teka Bigha, P.S. Bakhtiyarpur, District- Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Chaudhary, Adv.
Mr. Akshansh Ankit, Adv.
For the Opposite Party/s :
Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2019 This is an application for grant of anticipatory bail in connection with Bakhtiyarpur G.R.P. P.S. Case No. 63 of 2014, disclosing offences under Sections 302/34 of the Indian Penal Code.
Petitioner is not named in the F.I.R. and there is allegation of murder of the brother of the informant. However, later on it appears that during investigation some witnesses have named the petitioner. It further appears that the petitioner is accused in 11 other cases.
Submission of learned counsel for the petitioner is that the name of the petitioner transpired after one and half year in the statements of wife, mother and other witnesses though they have earlier also been examined, but not named the
Patna High Court CR. MISC. No.66369 of 2018(3) dt.09-04-2019 2/2 petitioner earlier. Further submission is that one of the coaccused has been granted privilege of anticipatory bail vide order dated 06.08.2018 passed in Cr. Misc. No.33682 of 2018. Heard learned A.P.P. also.
Having heard both sides, in view of the facts and circumstances of the case as stated above and also in view of the fact that the petitioner is accused in 11 other cases, I am not inclined to grant anticipatory bail to him, rather he should surrender before the court below within a period of six weeks and make prayer for regular bail, that shall be considered on the basis of submission and materials available on record, if possible, to be disposed of on the same day.
Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T