Patna High CourtCR. MISC./50250/2015disposed

Shiv Shankar Kamat v. The State Of Bihar

2015-11-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50250 of 2015 Arising Out of PS.Case No. -115 Year- 2015 Thana -PHULPARAS District- MADHUBANI ======================================================

1. Shiv Shankar Kamat Son of Late Thakan Kamat, Resident of VillageMainha, P.S.- Phulparas, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Nagendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-11-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 435 of the Indian Penal Code and Section 25(1-B)a, 26, 27 of the Arms Act.

The prosecution case is that in the background of land dispute the accused persons including the petitioner came and demolished the house of the informant and when the villagers came to rescue then co-accused Kadir Mian fired from his gun causing injury on the head of Shyam Kamat. The petitioner also resorted to fire on the cousin of the informant but it did not cause any injury. Co-accused Sujit Kumar came and assaulted the other cousin of the informant on his head. The accused persons also assaulted the mother and other family members of the informant.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.50250 of 2015 (2) dt.06-11-2015 2/2 petitioner that in the background of land dispute the accusation has been levelled and the firing made by the petitioner did not cause any injury.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is submitted by learned counsel for the informant that accusation is specific against the petitioner. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Phulparas P.S. Case No. 115 of 2015, pending in the Court of learned Sub-Divisional Judicial Magistrate, Jhanjharpur. With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T