Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25091 of 2020 Arising Out of PS. Case No.-521 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Deepak Kumar, aged about 20 years Son of Vishwanath Sahani Resident of Village- Dadar Kolhua, P.S.- Ahiyapur, District- Muzaffarpur ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Vipin Kumar, Advocate For the Opposite Party/s :
Mr Bhanu Pratap Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-12-2020 Heard learned counsel for the petitioner and the State via Video Conferencing.
Petitioner apprehends arrest in a case registered for the offences punishable under Sections 307/34 and other allied sections of the Indian Penal Code as well as section 27 of the Arms Act.
Prosecution's case in brief is that on 1.5.2019 that when Barat party in respect of marriage of informant's daughter was reaching the house, the petitioner and other accused persons, named in the FIR, obstructed the Baratis to move ahead and started eave teasing and on protest, the petitioner and coaccused Chandan Kumar fired shots causing fire arms injuries to four Baratis. Accused persons also snatched one suit case containing clothes and ornaments worth Rs.2 lacs from them. Learned counsel for the petitioner submits that the injury report is doubtful as the same has been prepared by a private hospital. Moreover, injuries sustained by the Baratis have been found to be simple in nature. Charge sheet has also been filed in the case.
Learned counsel for the State opposes the prayer for
Patna High Court CR. MISC. No.25091 of 2020(4) dt.15-12-2020 2/2 bail submitting that there is specific allegation against the petitioner and his accomplice Chandan Kumar that they fired on the Baratis causing fire arms injuries to four of them. Considering the gravity of the allegation, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.
(Prabhat Kumar Singh, J) Shashi U T