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Patna High CourtCR. MISC./25981/2019dismissed

Uday Kumar @ Titu Kumar v. The State Of Bihar

2019-07-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25981 of 2019 Arising Out of PS. Case No.-389 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== UDAY KUMAR @ TITU KUMAR Son of Nonu Singh @ Nunu Singh Resident of Village - Khaira, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakib Ayaz For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Naubatpur P.S.Case no.389 of 2018 dated 20.8.2018 registered for offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is that while the informant was coming, he fired from the pistol causing injury on his waist.

Submission of the learned counsel for the petitioner is that he happens to be cousin brother of the informant and there is enmity between the parties, as such he has been falsely implicated in this case.

Heard learned A.P.P. , who has opposed the prayer for bail on the ground that there is direct allegation of firing against the

Patna High Court CR. MISC. No.25981 of 2019(2) dt.04-07-2019 2/2 petitioner on the informant. .

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, he may surrender and make prayer for regular bail, which will be considered by the learned court below on its own merit. With the aforesaid direction, this application is dismissed.

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