Patna High CourtCR. MISC./21501/2016rejected

Shankar Bind v. The State Of Bihar

2016-05-20Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21501 of 2016 Arising Out of PS.Case No. -234 Year- 2015 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Shankar Bind,Son of Rajendra Bind, Resident of Village Adarsh Nagar, Police Station Sultanganj, District Bahgalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narendra Kumar Singh For the Opposite Party/s : Mr. H.A. Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and learned counsel appearing for the State.

Petitioner apprehends his arrest in a case under section 302/307/34 of Indian Penal Code and Section 27 of the Arms Act. As per FIR, a programme was held, on the occasion of Kali Puja. It is alleged that the accused persons started abusing the deceased Barun Kumar. Thereafter, accused Basuki Bind opened fire which hit the chest of Barun Kumar and Pintoo Kumar. Varun Kumar died soon thereafter, whereas, Pintoo Kumar was referred to Mayaganj Hospital for treatment.

Learned counsel for the petitioner submits that the there is no allegations that the petitioner opened fire either at Barun Kumar or at Pintoo Kumar. Furthermore, there is no allegation against him of even touching those persons.

Patna High Court Cr.Misc. No.21501 of 2016 (2) dt.20-05-2016 2/2 Learned counsel for the State opposes the prayer for bail.

In view of nature of allegations, I am not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is refused with direction to surrender and seek regular bail which would be disposed of on its own merit without prejudice, preferably on the same day.

With the aforesaid observation, the anticipatory bail application filed by the petitioner is hereby dismissed. (Samarendra Pratap Singh, J) kunal/- U T