Gaurav Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.29388 of 2017 (3) dt.24-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29388 of 2017 Arising Out of PS.Case No. -59 Year- 2016 Thana -KARPI District- JEHANABAD ======================================================

1. Gaurav Kumar Son of Rama Singh @ Ramashashan Sharma, R/o Dhivnagar , P.S.- Karpi , District- Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Karpi P.S. Case No. 59 of 2016 instituted for the offence under Section-302 of the Indian Penal Code.

As per written report, on the order of one Gautam Kumar, this petitioner fired from the pistol in the waist of the father of the informant, on account of which, he fell down in injured condition and subsequently, died.

C.D. has been received.

The learned APP referring to paragraphs-8, 9 & 10 has submitted that witnesses have levelled specific allegation against this petitioner of causing fire-arm injury to the father of the informant. The postmortem report is available at paragraph-129 of the case diary which supports the allegation and the doctor opined the cause of death due to

Patna High Court Cr.Misc. No.29388 of 2017 (3) dt.24-07-2017 fire-arm injury.

In such circumstances, this court does not find it a fit case for grant of anticipatory bail. Accordingly, prayer for anticipatory bail stands rejected.

The petitioner is directed to surrender in the court below and seek regular bail which will be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) A.K.V./- U T