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Patna High CourtCR. MISC./17191/2016rejected

Karun Singh v. The State Of Bihar

2016-07-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17191 of 2016 Arising Out of PS.Case No. -113 Year- 2006 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Karun Singh, Son of Vishwanath Singh, Resident of Village- Tetariya, P.S. Udwant Nagar, District Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumar Goutam, Advocate.

For the Opposite Party : Mr. S.D. Singh Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2016 Heard Shri Suryadeo Yadav, learned counsel appearing on behalf of the petitioner and the learned APP for the State. The petitioner apprehends his arrest in Udwant Nagar P.S. Case No. 113 of 2006, corresponding to Sessions Trial No. 860 of 2007, registered for the offences punishable under Sections 341, 323, 307 and 504 of the Indian Penal Code and under Section 27 of the Arms Act.

The petitioner is alleged to have made firing causing firearm injury on the chest of Binod Kumar Singh. It is submitted that during the course of investigation the investigating officer has recorded the statement of the eye witnesses who stated that somebody else has fired. There is a counter version in which it is alleged that Binod Kumar Singh has

Patna High Court Cr.Misc. No.17191 of 2016 (3) dt.20-07-2016 2/2 fired which hit the sister of the petitioner. It appears that from both the sides there was exchange of firing and the petitioner also fired causing injury to Binod Kumar Singh.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order preferably on the same day. (Prabhat Kumar Jha, J.) KKSINHA/- U T