Patna High Court - Orders
Raj Kumar Sharma vs The State Of Bihar on 6 December, 2023
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51837 of 2023
Arising Out of PS. Case No.-6 Year-2014 Thana- PANAPUR District- Saran
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Raj Kumar Sharma Son of Pathalu Sharma Resident of village - Chausa, P.S. -
Panapur, Distt. - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh
For the Opposite Party/s : Mr. Syed Ehteshamuddin
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 06-12-2023Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Panapur P.S. Case No. 06 of 2014, dated 02.02.2014, disclosing offences under Sections 147, 148, 149, 302 and 201 of the Indian Penal Code and Section 17 of the C.L.A. Act.
3. As per the First Information Report, the son of the petitioner was killed by the naxalite for having illicit relationship with the grand-daughter of the leader of the naxalite group Ganesh Sharma in a decision taken by them in a Kangaroo Court in which the petitioner was also present along with 31 named as well as 50-60 unknown persons. Patna High Court CR. MISC. No.51837 of 2023(3) dt.06-12-2023 2/3
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics. The informant has subsequently filed a petition before the learned C.J.M. that the Police had pressurized him to put a signature on a plain paper and the F.I.R. has been drawn on that basis. The main accused-Ganesh Sharma has been acquitted in the trial by the Court. The petitioner is having no criminal antecedent.
5. On the other hand, learned counsel for the State submits that the petitioner is named in the First Information Report, the co-accused Ganesh Sharma, during the course of the investigation had disclosed that the petitioner is one of the members of the naxalite groups. Ganesh Sharma has been acquitted in the trial for the reason that the witnesses had turned hostile. The petitioner was present during the Kangaroo Court held by the naxalite group which was held on 31.01.2014 and on that basis the informant's son has been killed.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that during the course of investigation, it has come that the petitioner was one of the members of the naxalite group, accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail, Patna High Court CR. MISC. No.51837 of 2023(3) dt.06-12-2023 3/3 however, if the petitioner surrenders before the concerned court and seeks regular bail, the same may be considered by the learned C.J.M., Saran, Chapra, without being prejudiced to the fact that the anticipatory bail of the petitioner has been rejected by this Court.
7. This application is, accordingly, dismissed.
(Anil Kumar Sinha, J) ashishkr/-
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