Patna High CourtCR. MISC./39018/2021bail rejected

Kamlesh Kumar v. The State Of Bihar

2022-08-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39018 of 2021 Arising Out of PS. Case No.-242 Year-2020 Thana- BALIYA District- Begusarai ====================================================== KAMLESH KUMAR S/o Bishnudevo Yadav @ Bishundeo Yadav @ Ram Kishun Yadav R/o- Village - Sihma, P.S. - Matihani, Dist. - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 302, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act. As per F.I.R., six F.I.R. named accused persons including this petitioner, riding on two motorcycles, came at the house of informant and surrounded the brother of informant (deceased). It is alleged that this petitioner fired upon the deceased, which hit on the head of deceased.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case simply because he is brother-in-law of co-accused Dilip Yadav. Though, there is allegation that this petitioner fired, which hit the head of the deceased, but doctor has not found any fire-arm injury on the head of deceased.

Patna High Court CR. MISC. No.39018 of 2021(6) dt.30-08-2022 2/2 However, learned A.P.P. for the State vehemently opposed the bail petition and submitted that there is specific and direct allegation against this petitioner that he also fired upon the deceased, as a result of which deceased sustained ten firearm injury. Post-mortem report also reveals that deceased died due to fire-arm injury. Petitioner is one of the assailant of the deceased.

Considering the same, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T