Prem Shankar Kumar @ Ghosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22994 of 2017 Arising Out of PS.Case No. -153 Year- 2016 Thana -KASIMBAZAR District- MUNGER ======================================================

1. Prem Shankar Kumar @ Ghosh Yadav, son of Sahdeo Yadav, resident of Village- Bagh Naulakha, P.S.- Naya Ram Nagar, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Karuna Nath Sahay, Advocate For the Opposite Party/s : Mr. Md. Arif, APP Mr. Girish Chandra Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 11-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Kasim Bazar P.S. Case No.153 of 2016 instituted for the offence under Section(s) 302/34, 120-B Indian Penal Code and Section 27 of the Arms Act pending in the Court of the Chief Judicial Magistrate, Munger.

As per written report, fifteen persons, as named in the written report including this petitioner, made firing on the son of the informant, who had entered into Vijay Talkies to save his life, but this petitioner and others entered into Vijay Talkies and fired on the son of the informant on account of which he died. Case diary has been received, wherein, Post Mortem Report is available and the doctor has found 15 injuries caused by

Patna High Court Cr.Misc. No.22994 of 2017 (5) dt.11-07-2017 2/2 fire arm on the person of the deceased.

It has been submitted by the counsel for informant that regular bail application of co-accused, Dharma Yadav, with similar allegation has been rejected by a co-ordinate Bench of this Court by order dated 18.05.2017 passed in Cr. Misc. No.23586 of 2017.

In the facts and circumstances of the case, this Court does not find it a fit case for grant of anticipatory bail. Prayer of the petitioner for grant of anticipatory bail is, accordingly, rejected.

The petitioner may surrender in the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T