Hareram Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47264 of 2016 Arising Out of PS.Case No. -167 Year- 2013 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Hareram Sada, son of late Sagar Sada Resident of Village-Kalwara, P.S.- Alauli, District-Khagaria .... .... Petitioner.

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Kaushik For the State : Mr. Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-302, 379 & other minor sections of the Indian Penal Code and 27 of the Arms Act.

Petitioner is said to have opened fire, as a result whereof, the deceased Naresh Rai sustained injury and, died then and there.

Submission on behalf of the petitioner is that the informant claims that the firing of the petitioner hit on the abdomen of the deceased but the postmortem report as well as inquest report goes to show that wound of entry was found on the

Patna High Court Cr.Misc. No.47264 of 2016 (2) dt.16-12-2016 2/2 back of the deceased and, therefore, the aforesaid circumstance reveals that the victim is not an eye witness of the alleged occurrence.

Considering the above-said facts and circumstances of the case as well as submission of the parties, particularly, keeping in mind the nature of allegation, levelled against the petitioner, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with K. Asthan P.S. Case No. 167 of 2013 stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T