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Patna High CourtCR. MISC./28395/2016dismissed

Pappu Sharma v. The State Of Bihar

2016-07-27Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 28395 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -MOJAHIDPUR District- BHAGALPUR ====================================================== Pappu Sharma Son of Kailash Sharma the resident of Purani Sarai, P.S.- Nathnagar, Distt- Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Swapnil Kr. Singh For the Opposite Party/s : Mr. Mukteshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

27-07-2016 At the very outset, learned counsel for the petitioner submits that one typographical error has occurred in paragraph - 1 of the petition. Instead of mentioning Section 302, it has incorrectly been typed as 307. He makes a prayer for making correction.

The prayer is allowed. It may be done in course of the day.

Heard Sri Swapnil Kumar Singh, learned counsel for the petitioner and Sri Mukeshwar Dayal, learned Addl. Public Prosecutor.

The petitioner, who is one of the named accused in Mojahidpur (Babbargunj) P.S. Case No. 44 of 2016 registered for the offence under Sections 147, 148, 149, 448, 341, 504, 323, 324

Patna High Court Cr.Misc. No.28395 of 2016 (2) dt.27-07-2016 2/2 & 307 of the Indian Penal Code and subsequently, Section 302 of I.P.C. was added, has prayed for grant of anticipatory bail. Learned counsel for the petitioner submits that petitioner is cousin of the deceased and at the time of occurrence, he was not in the village and on the ground of alibi, a prayer has been made for grant of anticipatory bail, whereas, in the F.I.R., there is specific statement that petitioner has also participated in the occurrence, in which two sons of the informant received serious injury and subsequently, one injured died. The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T