ANIL KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Hear learned Senior counsel Mr.P.K.Shahi for the petitioner and learned Senior counsel Mr.Devendra Kumar Sinha for the informant and the A.P.P. for the State.

(2.) The petitioner seeks pre-arrest bial in Malaypur P.S.Case No.85 of 2018 registered for the offence under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

(3.) Accusation is that in the evening of 02.12.2018 the informant Diwakar Singh along with two cousin brother, namely, Bhushan Singh and Dhananjay Singh @ Babua were present at his godown situated beside Jhajha-Jamui main road. At that time Dhananjay Singh was cleaning his motor cycle with cloth. In the meantime two boys came on motorcycle and at some distance they stopped. Out of which pillion rider remained sitting on the motor cycle keeping in start condition and another miscreant fired from his pistol at Chananjay Singh as a result of which he died and thereafter both boys fled away boarding on the motorcycle raising slogan "Anil Singh zindabad" and the work of Anil Singh was done. It is further alleged that both the miscreants earlier to the occurrence had stayed at the hotel of Nunudeo Singh with Suro Singh and were seen by the family members of the deceased. Reason of this occurrence is that Anil Kumar Singh has encroached the government land for which case has been filed against him in which he suspected that Dhananjay Singh used to assist the complainant regarding land and to that effect earlier to the occurrence he had already proclaimed about dire consequence, if Dhananjay Singh did not leave helping the person regarding land.