Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41519 of 2018 ====================================================== Dev Kumar @ Dev Kumar Singh son of Lalan Singh, Resident of VillageChhitani, P.S.- Bihta, District- Patna. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.42655 of 2018 Arising Out of PS.Case No. -133 Year- 2018 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Dheeraj Kumar, S/o Rajkumar @ Runu Singh, R/o Village- Shivshakti Nagar Bihta Near Dr. Meera Jha, P.S.- Bihta, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

(In Cr.Misc. No.41519 of 2018) For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh (In Cr.Misc. No.42655 of 2018) For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2018 Since both the cases arise out of the same P.S.case number, they have been heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners in both the cases.

Petitioners apprehend their arrest in connection with Udwant Nagar P.S.Case No. 133 of 2018 registered for the offences punishable under Sections 302, 34 of the Indian Penal Code and 27 of the Arms Act.

Patna High Court Cr.Misc. No.41519 of 2018 (3) dt.31-08-2018 2/2 Allegation against the petitioners in both the cases is that they have fired at the deceased, causing his death. Submission of learned counsel for the petitioners is that it is not clear in the case diary that as to who has fired and whose firing had caused his death and in post mortem report only one firearm injury was found on the person of deceased. Heard learned APP and learned counsel for the informant. They have opposed the prayer for anticipatory bail stating that there is direct allegation of firing against the petitioners and causing death of the deceased. Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioners. However, they may surrender and make prayer for regular bail, which shall be considered on the basis of materials available on record.

With the above observation, both the applications are dismissed.

(Vinod Kumar Sinha, J) spal/- U