Patna High CourtCR. MISC./48535/2016rejected

Pappu Kumar v. The State Of Bihar

2017-01-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48535 of 2016 Arising Out of PS.Case No. -205 Year- 2016 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Pappu Kumar Son of Shantosh Yadav, resident of Village- English, Police Station and District- Lakhisarai .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Ranjan, Adv. For the Opposite Party : Mr. Shyam Kumar Singh, APP 138 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-01-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 34 and 120B of the Indian Penal Code and 27 of the Arms Act.

The informant and his brother, Ganga Yadav, were in their Line Hotel. At the same time the petitioner and co-accused, Banti Kumar, reached there. They asked Ganga Yadav that his son Bhulla Kumar is quarrelling, therefore, they took Ganga Yadav behind Line Hotel and fired at Ganga Yadav causing his death. Everything took place within the short span of time and the informant saw both fleeing away. One Upendra Yadav, from whose Gumti, nearby the place of occurrence, the petitioner and others took cigarette has also supported the occurrence as well as the fact that the petitioner was seen fleeing along with fire arm soon after the sound of firing.

Submission of the petitioner is that the petitioner is in custody since 26.04.2016 and only material is of last seen. Considering the nature of allegation and materials, I am not inclined to grant bail to the petitioner.

Patna High Court Cr.Misc. No.48535 of 2016 (3) dt.30-01-2017 2/2 The prayer for bail is rejected.

However, the petitioner is at liberty to renew his prayer for bail, if the trial Court is not concluded within nine months from the date of receipt of this order (Birendra Kumar, J) SA/- U √ T √