Sandeep @ Karu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6758 of 2020 Arising Out of PS. Case No.-471 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== SANDEEP @ KARU Son of Sri Suresh Sharma Resident of Village - Amranchak, P.S.- Naubatpur, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mithilesh Kumar Upadhyay, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 302, 120 (B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant is the son of deceased, who has alleged in his farbeyan that on 01.10.2018 while his father was going to take milk, petitioner alongwith other co-accused made indiscriminate firing upon him, as a result of which his father died on the spot.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case due to previous enmity. There is no eye witness of the occurrence. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.6758 of 2020(4) dt.01-02-2021 2/2 There is direct allegation against petitioner and other co-accused of firing upon the father of informant, as a result of which he died on the spot. As such, I am not inclined to grant bail to the petitioner at this stage. Accordingly the prayer for bail is rejected.

However, if petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered on its own merits without being prejudiced by this order. (S. Kumar, J) veena/- U T