NAGESHWAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused in Ekangarsarai (Telhara) P.S. Case No. 153 of 2004 for offences punishable under sections 302/34 of the Indian Penal Code as well as Sec. 27 of the Arms Act.

(2.) PROSECUTION case, in brief, is that the informant Rakesh Kumar was &aposMunshi&apos (Clerk) of the deceased Braj Ballabh Sahay who was owner of a brick -kiln and at about 11 P.M. on the date of occurrence, while he was going to sleep after taking his meal, he heard four gun shots sound coming from outside the office and when he came out he saw about ten persons armed with rifle and ammunition standing there. It is also stated that on seeing them the deceased tried to escape by entering into the hut of a labourer but the accused persons caught him, dragged him out of the hut, shot him dead and fled away. Reasons of the occurrence as stated in the fardbeyan are that there was a dispute with respect to a Mandir in which the deceased had actively participated and that one Jamun Mahto was inimical to him. Four accused persons were named including the aforesaid Jamun Mahto while the names of remaining seven accused persons were not known to the informant.

(3.) THEREAFTER , the petitioner remained absconding and about two years thereafter the petitioner approached this court for anticipatory bail by filing Cr. Misc. No. 28480 of 2006, but on 19.7.2006 after some argument learned counsel for the petitioner expressed his desire to withdraw the case, obviously for surrendering in the court below and accordingly the said petition was dismissed as withdrawn.