Shashi Kumar @ Shashi Kumar Ateray @ Shashi Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74854 of 2018 Arising Out of PS. Case No.-355 Year-2017 Thana- DAUDNAGAR District- Aurangabad ====================================================== Shashi Kumar @ Shashi Kumar Ateray @ Shashi Sharma S/o Late Jitwahan Sharma resident of Village- Shamsher Nagar, P.S. Daud Nagar, DistrictAurangabad, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2019 Heard both sides.

The petitioner apprehends his arrest in Daud Nagar P.S. case No. 355 of 2017 registered under Section 302, 120B/34 of the Indian Penal Code.

The informant, father of the deceased, lodged the case against unknown alleging therein that his son went outside his house but he did not return in the night. In the next morning dead body of his son was found under a canal bridge. The informant further alleged that he also called his son on mobile who disclosed that he was inside the village but he did not return.

The learned counsel for the petitioner submits that during the course of investigation name of the petitioner and other accused persons surfaced in the case. The witnesses have stated that about 5-6 PM the petitioner and other accused persons took toddy and other intoxicants and they were roaming hither and thither inside the village. It is submitted that witness

Patna High Court Cr.Misc. No.74854 of 2018(3) dt.09-01-2019 2/2 in para 52, namely, Vinay Ram, did not disclose the name of petitioner. Vinay Ram disclosed that Prem Nandan Sharma, Bhageran Sharma, Devendra Sharma, Gorka Bablu, Chuunu Ram and Amarnath Thakur had come to his house. Prem Nandan was demanding his dues. He further disclosed that when quarreling started he closed the door. Last seen witness is Vinay Ram who also did not disclose the name of petitioner. It appears from perusal of the case diary that informant in his further statement stated that many other witnesses have disclosed that they saw the petitioner and other accused persons were with the deceased and thereafter Amarnath Thakur, son of the informant, was killed and his dead body was recovered from a canal in the morning. Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T