Hemant Kumar @ Lal Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17583 of 2018 Arising Out of PS. Case No.-25 Year-2017 Thana- PARSAUNI District- Sitamarhi ====================================================== Hemant Kumar @ Lal Babu S/o Mahendra Kumar Rai, R/o Village- Parsauni, Nilami Tola, P.S.- Parsauni, District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hans Lal Kumar For the Opposite Party/s :
Mr. SRI ABHAY KUMAR - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 28-03-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Parsauni P.S. Case No.25 of 2017, giving rise to Sessions Trial No.562 of 2017, registered under Sections 302/34 of the Indian Penal Code as well as under Section 27 of the Arms Act. Allegation in brief is that due to land dispute, it is alleged that the petitioner along with two others shot at the husband of the informant and his younger brother causing death of both. It is also alleged that the accused persons also assaulted them with iron rod and other instruments.
Learned counsel for the petitioner submits that one of the accused Dharmendra has stated that only he and Pawan shot at both the deceased and had not disclosed the name of the
Patna High Court Cr.Misc. No.17583 of 2018(2) dt.28-03-2018 2/2 petitioner; whereas the learned counsel for the State submits that there is specific allegation that this petitioner also fired and two persons of a family were killed by the gun shot injury. Having considered the aforesaid facts and circumstances, this Court is not inclined to grant bail to the petitioner. The prayer of bail of the petitioner is rejected in connection with Parsauni P.S. Case No.25 of 2017, giving rise to Sessions Trial No.562 of 2017, pending in the court of learned Sessions Judge, Sitamarhi.
(Arun Kumar, J) S.KUMAR/- U T