Deepak Kumar, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27694 of 2019 Arising Out of PS. Case No.-1102 Year-2018 Thana- BIHTA District- Patna ====================================================== DEEPAK KUMAR, son of Biteshwar Verma @ Biteshwar, resident of village Bhagwatipur, P.S. Bihta, Dist. Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sumeet Kumar Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Bihta P.S. Case No. 1102 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is that he caught hold of the father of the informant and there is allegation against another co-accused Biteshwar Verma shot fire at him, causing injury to the father of the informant, who succumbed to the injury.

Submission of learned counsel for the petitioner is that so far allegation of firing is concerned, that is against Biteshwar Verma and not against the petitioner. Heard learned APP also, who has opposed the prayer for anticipatory bail stating that petitioner facilitated in the

Patna High Court CR. MISC. No.27694 of 2019(3) dt.09-07-2019 2/2 crime as he caught hold of the deceased and father of petitioner fired.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day. With the above observation, this application is dismissed.

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