Abhishek Kumar @ Abhishek Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51471 of 2019 Arising Out of PS. Case No.-97 Year-2019 Thana- OBRA District- Aurangabad ====================================================== ABHISHEK KUMAR @ ABHISHEK GIRI Son of Santosh Giri Resident of Village - Rampur, P.S.- Obra, District - Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 The petitioner seeks regular bail in connection with Obra P.S. Case No. 97 of 2019, registered for offences punishable under Sections 302/34 of the Indian Penal Code. Prosecution case is that during Barat procession of daughter of one Vishwakarma Giri, a dispute arose between the petitioner and son of informant, thereafter, the petitioner asked co-accused caught hold of the son of informant and petitioner fired on him causing his death.

It has been submitted on behalf of the petitioner that the occurrence took place on the spur of moment and there was no intention of the petitioner to kill him and the firing took place accidentally.

Learned counsel for the State opposed the prayer for

Patna High Court CR. MISC. No.51471 of 2019(3) dt.16-11-2019 2/2 bail of the petitioner on the ground that there is direct allegation against the petitioner of firing on the son of informant causing his death.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T