Kundan Kumar @ Kundan Mandal v. The State Of Bihar
Patna High Court Cr.Misc. No.22263 of 2016 (2) dt.24-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22263 of 2016 Arising Out of PS.Case No. -286 Year- 2015 Thana -KOTWALI District- MUNGER ====================================================== Kundan Kumar @ Kundan Mandal Son of Vijay Mandal Resident of Village- Madhopur, PS Munger, kotwali, District Munger. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ajit Kumar Singh, Advocate. For the Opposite Party : Mr. Ram Bachan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 24-05-2016 The petitioner apprehends his arrest in relation to Munger Kotwali P.S. Case No. 286 of 2015 registered under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case in brief is that the while the informant and his two brothers were coming from the market, they saw that his brother namely Pratap was brutally assaulted near the house of one Prabhakar and on the orders, their brother shot. He was taken to hospital and declared dead. Thereafter Prabhakar was arrested by the police.
Learned counsel for the petitioner submits that the petitioner shot at Kanpatti (near the ear) but there is no wound to support that.
Patna High Court Cr.Misc. No.22263 of 2016 (2) dt.24-05-2016 Learned counsel for the State points out that there is a bullet in the chest, as per postmortem report. There is also an allegation that one of the persons shot him in the chest. Be that as it may, it is a case under Section 302 of the Indian Penal Code and there is direct allegation against the petitioner, I am not inclined to entertain this application. It is, accordingly, dismissed.
However, petitioner is directed to surrender before the court below within four weeks and seek regular bail where his prayer may be considered on its own merit without being prejudiced to the order of this Court.
(Navaniti Prasad Singh, J.) Amit/Rajiv U T