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Patna High CourtCR. MISC./39049/2018dismissed

Nagendar Kumar @ Horil Yadav @ Nagendra Rai @ Horil Rai v. The State Of Bihar

2018-08-02Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39049 of 2018 Arising Out of PS. Case No.-89 Year-2017 Thana- MANER District- Patna ====================================================== Nagendar Kumar @ Horil Yadav @ Nagendra Rai @ Horil Rai, Son of Late Raj Ballav Rai, R/o Mohanpur, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary For the Opposite Party/s :

Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Maner P.S. Case No.89 of 2017 instituted for the offence under Section(s) 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per written report, there is specific allegation that one Dara Singh @ Prabhunath Singh fired on the head of the father informant. Thereafter, this petitioner made firing. The third firing was made by Pintu Kumar, which hit the nurse Lalpari Devi in her finger. The informant brought his father to Paras hospital where he was declared dead.

Case diary has been received. Learned APP submitted that the informant in his further statement and eye witness, namely, Lal Pari Devi have fully supported the story and taken the name of this petitioner levelling specific allegation as mentioned in the written

Patna High Court Cr.Misc. No.39049 of 2018(4) dt.02-08-2018 2/2 report of causing fire arm injury to the father of the informant. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T