Shashi Kant Kumar @ Shashi Kant @ Shashi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11125 of 2017 Arising Out of PS.Case No. -194 Year- 2016 Thana -BEUR District- PATNA ====================================================== Shashi Kant Kumar @ Shashi Kant @ Shashi Kumar, Son of Sri Shiv Nandan Prasad, Resident of Mohalla Buddhijeevi Colony, 70 feet Road, Dashratha, P.S - Beur, District Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Jha For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.
The informant claims to be an eye-witness of the occurrence. In presence of the informant, the petitioner fired causing death of his son.
Submission of the petitioner is that false implication is there due to previous dispute. Other co-accused, who were said to be present at the time of occurrence, have taken plea of alibi and they have been allowed anticipatory bail in this case. Moreover, there is no other eye-witness of the occurrence and there is no
Patna High Court Cr.Misc. No.11125 of 2017 (3) dt.11-05-2017 2/2 reasonable explanation for delayed fardbeyan, though the informant was present in the hospital at the time of inquest. Considering the evidence against the petitioner above, I am not inclined to enlarge him on anticipatory bail in connection with Beur Police Station Case No. 194 of 2016 pending in the Court of learned Judicial Magistrate, Patna/successor Court.
Hence, prayer for bail is refused.
(Birendra Kumar, J) Kundan/- U T