Gulshan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16217 of 2015 Arising Out of PS.Case No. -104 Year- 2014 Thana -KHARAGPUR District- MUNGER ====================================================== Gulshan Pandit S/o- Sikandar Pandit, R/o village- Manjhgain, P.S.- H. Kharagpur, District- Munger .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Gupta, Adv. For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-04-2015 Heard both sides.

The petitioner apprehends his arrest in Kharagpur P.S. Case no. 104 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and 27 of the Arms Act.

The informant alleged that he saw three persons, one of them namely Avinash Singh fired at the informant. The petitioner is not named in the FIR. The name of the petitioner figured in the case in the statement of the witnesses who disclosed that the petitioner was also found fleeing away from the place of occurrence along with Ganesh Pandit and Avinash Singh. The informant also disclosed the name of the petitioner in

Patna High Court Cr.Misc. No.16217 of 2015 (2) dt.30-04-2015 2/2 his statement.

Learned counsel for the petitioner submits that there is no allegation of firing against the petitioner. Petitioner is a student. Avinash Singh has already been acquitted by the Judgment passed in S.Tr. no. 88 of 2014.

Having considered the facts that the petitioner was also with Avinash Singh and Ganesh Pandit and Avinash Singh fired on the informant, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi/- U T