Birendra Prasad @ Birendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6209 of 2017 Arising Out of PS.Case No. -207 Year- 2016 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Birendra Prasad @ Birendra Kumar, son of Krishna Deo Prasad, resident of mohalla - Basudeo Chapra tole Garama, P.S. - Minapur, District - Muzaffarpur.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner.
The petitioner is apprehending his arrest in connection with Meenapur P.S. Case No. 207 of 2016 registered for the offences punishable under Sections 307/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that the alleged manner of occurrence is not attributable to the petitioner as the injured has received injuries with respect to some other occurrence and not the present one and petitioner has falsely been implicated in this case due to ulterior motive. Heard learned APP also, who has opposed the prayer for bail of the petitioner.
Having heard both sides and from perusal of the
Patna High Court Cr.Misc. No.6209 of 2017 (2) dt.16-02-2017 2/2 impugned order itself it appears that fire arm injuries were there on the person of the injured and the petitioner has been attributed to firing with the injured, as such, I am not inclined to grant anticipatory bail to the petitioner.
However, let petitioner surrender in the court below and pray for regular bail, which shall be considered by court below itself on the basis of materials available in the case diary and nature of injuries of the injured and disposed of without being prejudiced by this order.
With the above observations, this application is disposed of.
(Vinod Kumar Sinha, J) spal/- U