Patna High CourtCR. MISC./29311/2019dismissed

Guddu Kumar v. The State Of Bihar

2019-05-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29311 of 2019 Arising Out of PS. Case No.-116 Year-2018 Thana- MANSI District- Khagaria ====================================================== GUDDU KUMAR S/o Asheshar Yadav R/o village- Ekaniya, P.S.- Manshi, District- Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 448, 341, 323, 307,354(a), 379, 504/34 IPC and Section 27 of the Arms Act registered in connection with Mansi P.S. Case No.116/2018.

3. It is submitted that the petitioner has been falsely implicated on the accusation of having assaulted the informant on the head with the butt of pistol and the bullet from the pistol hit one Rubi Khatoon. It stated that other co-accused Babu Saheb Kumar @ Babu Saheb Yadav and Gourav Yadav @ Gourav Kumar have been granted anticipatory bail by this Court in Cr. Misc. No. 60338 of 2018.

4. Learned APP on the other hand, invites reference to the FIR which discloses that the petitioner is said to have

Patna High Court CR. MISC. No.29311 of 2019(2) dt.03-05-2019 2/2 assaulted with butt of country made pistol and the bullet from the pistol hit Rubi Khatoon. A perusal of the order of the learned I/c. Sessions Judge discloses that the witnesses have supported the prosecution case and the injury report of Rubi Khatoon in para 37 of the case diary discloses fire arm injury. Two empty cartridges have also been recovered from the place of occurrence as narrated in para 11 of the case diary. The petitioner has criminal antecedents of similar nature.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Chandran/- U T