Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58459 of 2015 Arising Out of PS.Case No. -189 Year- 2015 Thana -LAXMIPUR District- JAMUI ====================================================== Santosh Kumar son of Mungeshwar Pd. Rajak, R/V-Parsanda, P.S.- Gidhaur, District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. M.Rab , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Laxmipur (Gidhaur) P.S. Case No. 189 of 2015 registered for the offences punishable under Sections 341, 326, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner is that he with an intention to kill opened fire upon Raja Rajak which hit in his neck and leg and when the younger sister came for rescue she was also shot by the petitioner causing injury in her leg and abdomen and further the petitioner opened fire upon the informant but she fled away.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.58459 of 2015 (3) dt.03-03-2016 2/2 petitioner is a government servant, no fire arm was recovered from possession of the petitioner, he has got no criminal antecedent and he is in custody since 05.10.2015. The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that the petitioner shot Raja Rajak on the neck which is the vital part and two fire arm injuries have been found on the person of Raja Rajak and the injury has been noticed grievous, on the person of Nikita Kumari @ Chhoti Kumari, multiple fire arm injuries have been found which were termed as grievous. In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, at this stage, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J.) ajaypd./- U T