Patna High CourtCR. MISC./25079/2020bail rejected

Sandeep Kumar v. The State Of Bihar

2021-01-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25079 of 2020 Arising Out of PS. Case No.-660 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== SANDEEP KUMAR Son of Sikindar Prasad Yadav Resident of Village - Lakshmmipur Gadariya, P.S.- Turkauliya (Ragunathpur), Dist.- East Champaran (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Turkauliya P.S. Case No. 660 of 2019, registered for the offences punishable under Section 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

Prosecution case in brief is that three unknown miscreants fired upon the husband of informant on his right arm and back portion, as a result of which he died. It is submitted on behalf of petitioner that name of petitioner has come in this case on the basis of confessional statement of co-accused Rakesh Kumar. No incriminating article has been recovered from possession of this petitioner. Petitioner has got no criminal antecedent, as stated in para 3 of the

Patna High Court CR. MISC. No.25079 of 2020(4) dt.19-01-2021 2/2 petition.

Counsel for the State however, vehemently opposed the bail application and submitted that during course of investigation, it has come that pistol which was used in the said crime was recovered from possession of this petitioner. The process under Section 82 has also been initiated against this petitioner.

Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T