Patna High CourtCR. MISC./84110/2019disposed

Jitendra Singh v. The State Of Bihar

2020-01-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84110 of 2019 Arising Out of PS. Case No.-189 Year-2016 Thana- BARHARA District- Bhojpur ====================================================== 1.

Jitendra Singh, Son of Late Gopal Singh Resident of Village- Chhotaka Itahana, P.S.- Krishnagarh (Barahra), Distt- Bhojpur. 2.

Prem Chand Singh S/o Late Dinanath Singh Resident of Village- Chhotaka Itahana, P.S.- Krishnagarh (Barahra), Distt- Bhojpur. 3.

Birendra Singh S/o Late Gopal Singh Resident of Village- Chhotaka Itahana, P.S.- Krishnagarh (Barahra), Distt- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Pandey For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-01-2020 This is an application for grant of anticipatory bail in connection with Barahra (Krishnagarh) P. S. Case No. 189 of 2016, disclosing offences under Sections 302/34 of IPC. In this case, the petitioner was issued summons under Section 319 of Cr.P.C. to face trial.

Submission of the learned counsel for the petitioner is that from the investigation, the S.P. and Supervisory authority has not found the case true against this petitioner and the witnesses have also not supported the same. Now the summons have been issued without considering the same, as such, he has prayed for anticipatory bail.

Patna High Court CR. MISC. No.84110 of 2019(2) dt.21-01-2020 2/2 Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail stating that after examination of five witnesses, considering the evidence of the witnesses, the learned trial court had issued summons against this petitioner to face trial and as such, it is proper for the petitioner to appear and pray for regular bail before the court below. Having heard both sides, considering the submissions, made above, this application is disposed of with a direction to the petitioner to surrender before the trial court and pray for regular bail, the same shall be considered on the basis of the submissions of learned counsel for the petitioner and if, possible to be disposed of on the same day.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T