Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28577 of 2016 Arising Out of PS.Case No. -17 Year- 2015 Thana -BIHPUR District- BHAGALPUR ====================================================== Rupesh Kumar Son of Dina Kunwar, resident of village- Sonbarsa, P.S. Bihpur, District Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Archana Sinha @ Archana Shahi, Advocate For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section 302 and other minor Sections of the Indian Penal and 27 of the Arms Act.

Petitioner is named in the first information report with specific allegation that he also opened fire on the deceased, Bambam Chaudhary causing fire arm injury. The postmortem report of the deceased goes to show that several fire arm injuries were found on his person.

No doubt, petitioner does not have any criminal antecedent and a plea of alibi has been taken but taking note of the allegation levelled against the petitioner as well as materials

Patna High Court Cr.Misc. No.28577 of 2016 (3) dt.30-09-2016 2/2 available on the case diary, I am not inclined to release him on bail and, accordingly, his prayer for bail in connection with Bihpur (Jhandapur) P.S. Case No.17 of 2015 pending in the court of A.C.J.M. 2nd, Naugachia stands rejected.

(Hemant Kumar Srivastava, J) N.H./- U T