Chandan Kumar @ Chandan Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27762 of 2018 Arising Out of PS.Case No. -136 Year- 2017 Thana -MARHAURA District- SARAN ======================================================

1. Chandan Kumar @ Chandan Kumar Singh, Son of Ram Babu Singh.

2. Jitendra Kumar Singh, Son of Late Uma Singh, Both are reisdent of Village- Salimpur, P.S.- Marhaura, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Marhaura (Gaura O.P.) P.S.Case No.136 of 2017 registered for offences punishable under Sections 302, 307, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is that he along with the other accused persons made indiscriminate firing on the vehicle of the informant causing death of his wife and some other persons have also received injuries.

Submission of the learned counsel for the petitioner is that there is specific allegation against three other accused persons of firing and there is vague and general allegation against the petitioner and reason behind his implication is that in the last

Patna High Court Cr.Misc. No.27762 of 2018 (4) dt.03-07-2018 2/2 election, he has opposed the informant and there is only injury in the postmortem report.

Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground that the petitioner is also named along with the other accused persons for making indiscriminate firing.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U