Babu Sharma @ Indrajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8950 of 2019 Arising Out of PS. Case No.-717 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== BABU SHARMA @ INDRAJEET KUMAR Son of Late Asharfi Lal Das Resident of Village- Bagrauli, P.S.- Sonbarsa Kachahari, presently of Near Kidzee School, Gangjala, P.S.- Saharsa, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sameer Ranjan For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-03-2019 Heard the parties.

Petitioner seeks bail in Saharsa Sadar P.S.Case No.717 of 2018 registered for the offences under Sections 147, 148, 149, 341, 323, 307, 302, 506 of I.P.C. and Section 27 of the Arms Act.

The allegation against the petitioner along with 5 to 6 F.I.R. named accused persons and 5-6 unknown persons is of dragging the informant along with his elder brother from his motor cycle and assaulting them with fists and slaps and further specific allegation against the petitioner is of assaulting elder brother of the informant by pistol causing injury on his neck due to which he died.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.8950 of 2019(2) dt.13-03-2019 2/2 petitioner has been falsely implicated in this case due to previous enmity.

Learned A.P.P. has vehemently opposed the prayer for bail of the petitioner on the ground of direct allegation of assault by firearm causing his death.

Looking to the direct allegation of assault by firearm against the petitioner I am not inclined to grant bail to the petitioner. The prayer for bail of the petitioner is rejected. This application is, accordingly, dismissed.

(S. Kumar, J) aks/- U