Subhratan Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39895 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -BUDDHACOLONY District- PATNA ======================================================

1. Subhratan Kumar Gupta Son of Rajesh Kumar Gupta Resident of Village- Near J.P. Chowk, Allahabad Bank, Naya Bazar, P.S. & DistrictSiwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Rajeev For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2016 Heard the learned counsel for the petitioner. Nobody appears on behalf of the State.

The petitioner apprehends his arrest in Budha Colony P.S. case No.44 of 2016 under Section 341, 323, 337, 307, 379,34 of the Indian Penal Code and under Section 27 of the Arms Act. The informant alleged that petitioner had taken on rent Moti Mahal Restaurant for organizing an event but some altercation took place and when the informant went to pacify the matter the petitioner and others made firing. The learned counsel for the petitioner submits that petitioner is a student. He is preparing for competitive examinations. The only allegation against the petitioner is that he

Patna High Court Cr.Misc. No.39895 of 2016 (3) dt.17-10-2016 2/2 had taken the restaurant on rent for organizing an event and there is no specific allegation of firing against the petitioner. It appears from perusal of the FIR as well as the case diary that petitioner picked up quarrel and made firing. Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T