Pappu Kumar Yadav @ Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46744 of 2016 Arising Out of PS.Case No. -146 Year- 2015 Thana -RANIGANJ District- ARRARIA ====================================================== Pappu Kumar Yadav @ Ramesh Kumar S/o Vidyanand Yadav, R/o Village & P.S.- Srinagar, Distt. Madhepura.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Veena Kumari Jaiswal For the Opposite Party/s : Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. Petitioner and others are said to have assembled to make preparation for committing dacoity and when police party reached there, one of the criminals made firing as a result of which one police personnel sustained firearm injury and died then and there. However, petitioner and one other were caught on the spot and firearms were recovered from their respective possession. Submission on behalf of the petitioner is that for recovery of firearms, Raniganj P.S. Case No. 147 of 2015 was

Patna High Court Cr.Misc. No.46744 of 2016 (3) dt.06-12-2016 2/2 registered and in the aforesaid case, petitioner was granted privilege of bail by a co-ordinate Bench of this Court vide order dated 27.07.2016 passed in Cr. Misc. No. 31130 of 2016. It is further submitted that it is not specific who made firing causing death of police personnel.

Regard being had to the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Raniganj P.S. Case No. 146 of 2015 pending in the court of Sri A.K. Mall, Judicial Magistrate 1st Class, Araria stands rejected.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T