Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14496 of 2018 Arising Out of PS.Case No. -263 Year- 2017 Thana -BARHARA District- PURNIA ======================================================

1. Raushan Kumar, Son of Shyam Sunder Mandal, Resident of Village Matihani P.S. Barhara (Raghubansh Nagar), District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2018 The petitioner is apprehending his arrest in connection with Barhara P.S. Case No. 263 of 2017, registered for offences punishable under Sections 302, 120(B),34 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner and others is of firing in a marriage ceremony causing death of the son of informant as well as one videographer.

It has been submitted on behalf of the petitioner that the materials collected during the course of investigation shows that the firing was made by the Mukhia, namely, Babloo Kumar and petitioner has falsely been made accused in this case and the said Bablu Kumar has already been granted the privilege of regular bail by a coordinate Bench of this Court vide order dated 19.03.2018

Patna High Court Cr.Misc. No.14496 of 2018 (3) dt.20-04-2018 2/2 passed in Cr. Misc. No. 15598 of 2018 Learned counsel for the State opposed the prayer for bail on the ground that in the said firing, two persons were killed and F.I.R shows that there is hand of petitioner in the offence. Having heard both sides, considering the facts and circumstances of the case, nature of offence, I am not inclined to grant the privilege of anticipatory bail to the petitioner, this application is accordingly dismissed.

Petitioner, if so desire, may surrender before the court below and pray for regular bail, which will be considered by the court below on the merit of the case.

(Vinod Kumar Sinha, J) sunil/- U T