Patna High CourtCR. MISC./13295/2017rejected

Vikku Kumar @ Vikash Kumar v. The State Of Bihar

2017-06-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13295 of 2017 Arising Out of PS.Case No. -271 Year- 2016 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Vikku Kumar @ Vikash Kumar, Son of Late Kameshwar Ray, R/O Village - Khapura, P.S. - Bidupur, District - Vaishali. .... .... Petitioner

Versus

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

For the Petitioner : Ms. Rina Sinha, Advocate.

For the Opposite Party : Mr. Sanjay Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2017 Heard both sides.

The petitioner apprehends his arrest in Bidupur P.S. Case No. 271 of 2016 registered for the offences punishable under Sections 307 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

Harendra Rai, the informant, alleged that his sister-inlaw Chandrakala Devi called him and the informant replied that he was on the roof then Chandrakala Devi exhorted to kill the informant, on such Vikku Kumar @ Vikash Kumar the petitioner, Upendra Rai, Raj Kishore Rai and Laxman Rai scaled over the roof and Vikku Kumar @ Vikash Kumar and Upendra Rai fired at the informant. The accused persons thereafter fled away. Learned counsel for the petitioner submits that the petitioner is innocent and on account of land dispute he has falsely

Patna High Court Cr.Misc. No.13295 of 2017 (4) dt.23-06-2017 2/2 been implicated in the case. During course of investigation, witnesses have stated that the informant and others were saying that after the occurrence, some unknown fled away after firing but, from perusal of the FIR it appears that the petitioner and Upendra Rai fired at the informant. The informant got as many as three firearm injuries.

Considering the facts aforesaid and the fact that it was the petitioner and Upendra Rai who fired causing injury on the persons of the informant, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T