Pankaj Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42198 of 2019 Arising Out of PS. Case No.-173 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== PANKAJ KUNWAR Son of Late Dev Narayan Kunwar Resident of Village - Shankarpur Bakhadda, P.S.- Matihani, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2019 This application, for grant of anticipatory bail, arises out of Matihani P.S. Case No. 173/18, disclosing offences under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner and other accused persons is that while the father of informant was coming, accused persons including petitioner surrounded him and fired upon him due to which, he sustained injury and later on died. Submission of learned counsel for the petitioner is that no specific allegation has been attributed to the petitioner and he has falsely been made accused in this case. Learned counsel for the State opposed the prayer for anticipatory bail of the petitioner.

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.42198 of 2019(4) dt.27-09-2019 2/2 circumstances and also the fact that petitioner has also fired on the father of informant, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed.

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