Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42175 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -KHAGAUL District- PATNA ======================================================

1. Sudhir Kumar Son of Suryadeo Prasad, Resident of Railway Quarter, Kadam Mohalla, LOCO Colony, P.S. Khagaul, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Priyedarshi For the Opposite Party/s : Mr. Uday Chand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner, namely, Sudhir Kumar apprehends his arrest in Khagaul P.S. Case No.09 of 2015 under Section 304/34 of the I.P.C. and section 27 of the Arms Act. The learned counsel for the petitioner submitted that there was accidental firing by the pistol of the petitioner while he was showing the pistol to the informant. No intentional death was caused.

On the other hand, the learned A.P.P. objected the prayer for anticipatory bail.

Perused the F.I.R. The allegation is that the petitioner, who is friend of the informant, stopped the informant and

Patna High Court Cr.Misc. No.42175 of 2015 (2) dt.14-10-2015 disclosed him that he has got pistol and also bullet and one person, who is coming to attend the Bhoj is to be killed and while showing that pistol the bullet was fired causing firearm injury to Shekhar Kumar, who was taken to the hospital for treatment by the informant. Admittedly the petitioner did not accompany the injured to the hospital.

In view of the above facts and circumstances I am not inclined to grant him anticipatory bail. Accordingly, the prayer for anticipatory bail is rejected.

(Mungeshwar Sahoo, J) Harish/- U