Deepak Kumar @ Deepak Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4778 of 2018 Arising Out of PS.Case No. -321 Year- 2017 Thana -JAKKANPUR District- PATNA ====================================================== Deepak Kumar @ Deepak Paswan, S/o Sri Bihari Paswan, R/vPurandarpur Chauraha, near at Bharat Lal Tent House, P.S.- Jakkanpur, Distt- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2018 Heard the counsel for the petitioner and the counsel for the State.

The petitioner apprehends his arrest in Jakkanpur P.S.Case No.321 of 2017 corresponding to G.R.No.6090 of 2017 instituted for the offence under Sections 341, 323, 307, 120B, 34 of the I.P.C. and Section 27 of the Arms Act. In the written report it is alleged that the petitioner along with other co-accused persons started making five rounds indiscriminate firing by their pistols upon the informant causing firearm injuries on his stomach, back, shoulder as a result of which he fell down and he was rushed to the P.M.C.H. Case diary has been received in which doctor has found four injuries on the person of the informant which will appear

Patna High Court Cr.Misc. No.4778 of 2018 (4) dt.28-03-2018 2/2 from paragraph 103 of the case diary. From injury report it appears that all injuries have been found on the vital part of the body of the informant.

Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to enmity and he has clean antecedent.

Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioners and he submits that the case diary has supported the case against the petitioner.

Having considered the aforesaid facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner is rejected.

However, the petitioner may surrender before the court below and pray for regular bail and on his so surrendering the court below shall consider on its own merit without being prejudiced by this order.

(Sanjay Priya, J) AnilKrSinha/- U