Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3233 of 2017 Arising Out of PS.Case No. -189 Year- 2016 Thana -AKBARPUR District- NAWADA ====================================================== Subhash Kumar, son of Karu Singh, resident of village : - Karam, P.S. - Akbarpur, District Nawada.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Hansraj, Advocate For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Akbarpur P.S.Case No.189 of 2016 registered for the offences punishable under Sections 147, 148, 149, 302, 385, 504 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that there is no specific allegation of assault against this petitioner and whatever allegation of firing is there that is against Pappu Singh. Heard learned APP also.

Having heard both sides and considering the materials on record, FIR and impugned order it appears that this petitioner along with others caught hold of the deceased and thereafter Pappu Singh fired, due to which he died, I am not inclined to grant

Patna High Court Cr.Misc. No.3233 of 2017 (3) dt.09-02-2017 2/2 anticipatory bail to the petitioner.

Let the petitioner surrender and prayer for regular bail in the court below, which shall be considered without being prejudiced by this order.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U