Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16105 of 2018 Arising Out of PS. Case No.-529 Year-2017 Thana- PHULWARI District- Patna ====================================================== Kundan Kumar, S/o Umesh Sao, R/o Village- Brindawan Colony, P.S.- Phulwarishariff, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-06-2018 Heard learned counsels for the petitioner and the State.

The petitioner, already in custody, seeks bail in connection with Phulwarishariff P.S. Case No. 529 of 2017 registered under Sections 302/34 of the Indian Penal Code and Section 27, 25 (1-b)a, 26,35 of the Arms Act. Allegation in brief is that this petitioner and one Sharvan Kumar opened three round of fire to informant's brother as a result of which he sustained injury and died. Submission is that there is allegation of firing against two persons but only one fire arm injury was found on the person of the deceased.

Whereas, learned counsel for the State submits that there is specific allegation that two persons including the

Patna High Court Cr.Misc. No.16105 of 2018(5) dt.20-06-2018 2/2 petitioner opened fire and fire-arm injury was caused to the informant's brother and subsequently died.

Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is rejected and the trial court is directed to expedite the trial and preferably conclude the same within two years.

(Arun Kumar, J) khushbu/- U T