Patna High CourtCR. MISC./78060/2018dismissed

Ram Gopal Pandit @ Ram Gopal Pathak v. The State Of Bihar

2019-01-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78060 of 2018 Arising Out of PS. Case No.-281 Year-2014 Thana- DAUDNAGAR District- Aurangabad ====================================================== Ram Gopal Pandit @ Ram Gopal Pathak S/o Ram Dayal Pathak, R/o Vill.- Masadpur, P.S.- Parasi, District- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2019 The petitioner apprehends his arrest in connection with Daudnagar P.S.Case No. 281 of 2014 registered under Sections 302/34 of the Indian penal Code.

Allegation, as per the FIR, is that petitioner has taken the deceased with him and on 04.10.2014, deceased informed his mother that he is coming along with 2-3 friends and thereafter at 4:00 P.M. informant came to know that his son dead body was thrown at the river Sone.

Submission of learned counsel for the petitioner is that confession of co-accused Sheru Yadav shows that he is assailant and there is nothing against this petitioner except suspicion. Heard learned APP also who has opposed the prayer of anticipatory bail stating that from the confession of Sheru Yadav, it appears that petitioner was also present there.

Patna High Court Cr.Misc. No.78060 of 2018(3) dt.23-01-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, if petitioner surrenders within a period of six weeks from the date of receipt of a copy of this order and prays for regular bail, the same shall be considered by the learned court below on its own merit without being prejudiced by this order. The application stands dismissed.

(Vinod Kumar Sinha, J) sujit/- U T