Pankaj Singh @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26037 of 2020 Arising Out of PS. Case No.-302 Year-2019 Thana- SAMASTIPUR District- Samastipur ====================================================== PANKAJ SINGH @ PANKAJ KUMAR Son of Divakant Singh Resident of Sakin - Adarsh Nagar, Road No. - 4 (D), P.S. - Mufassil, Districtr - Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Tarun Pd. Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-10-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act.

Informant has alleged in his fardbeyan that petitioner alongwith other co-accused made indiscriminate firing, which hit on the neck of camera man, who came in the Barat of one Pravin Kumar son of Ashok Kumar, as a result of which he died on the spot.

Patna High Court CR. MISC. No.26037 of 2020(2) dt.20-10-2020 2/2 It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case due to enmity. It has been further submitted that gun from which firing was made does not belongs to the petitioner rather it was licensed gun of one co-accused Vishwanath Jha. Petitioner has no criminal antecedent.

There is allegation against petitioner of firing upon neck of camera man, as a result of which he died on the spot, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected at this stage. However, if petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered preferably on the same day on its own merits without being prejudiced by this order.

(S. Kumar, J) veena/rajivU T