Deepak Kumar @ Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39665 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -BUNIADGANJ District- GAYA ====================================================== Deepak Kumar @ Pappu S/o Anugrah Narayan Singh Resident of Village - Dolha ,Ps. Amas, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 302, 120B/34 of the Indian Penal Code. Allegation against the petitioner is that he caught hold of the legs of informant's husband while co-accused Ram Kumar Singh cut the neck of her husband, as a result of which her husband died.

It has been submitted on behalf of the petitioner that he has falsely been implicated in the present case. The main allegation is against one Ram Kumar Singh, who cut the neck of the deceased. There is no injury attributed against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. and has actively participated in the alleged occurrence. The case for the offence under Section 302 of the Indian Penal Code is made out.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner, same is

Patna High Court Cr.Misc. No.39665 of 2015 (2) dt.29-09-2015 2 / 2 rejected.

Any how if petitioner surrenders in the court below (learned C.J.M., Gaya, in connection with Buniyadganj P. S. Case no. 8 of 2015) and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) sudip/- U T