Ramanand Sharma @ Ramanandan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34637 of 2016 Arising Out of PS.Case No. -69 Year- 2015 Thana -KUMARKHAND District- MADHEPURA ====================================================== Ramanand Sharma @ Ramanandan Sharma S/o late Dev Sharan Sharma, R/o village - Haribola, P.S- Kumar Khand (Bhatani O.P), District Madhepura.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Digvijay Kumar Ojha For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-08-2016 Heard Sri Digvijay Kumar Ojha, learned counsel for the petitioner and Dr. Mrityunjay Kumar Gautam, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody in Kumar Khand P.S. Case No. 69 of 2015 registered for the offence under Sections 302, 120-B, 34 of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that though, in the F.I.R., allegation has been made that petitioner had fired and due to his firing, father of the informant died, no section under the Arms Act, 1959 has been incorporated in the F.I.R. He further submits that there is no F.S.L. report. On aforesaid ground, he has made a prayer for grant of bail.

Patna High Court Cr.Misc. No.34637 of 2016 (2) dt.20-08-2016 2/2 So far as non-mentioning of provisions of Arms Act is concerned, that can be examined at appropriate stage before the court below.

Keeping in view the fact that there is specific accusation against the petitioner that he was the main assailant, there is no reason to grant bail.

Dismissed.

(Rakesh Kumar, J.) Anay U T