Patna High CourtCR. MISC./67748/2019rejected

Lal Kumar @ Vivek Kumar @ Lal Yadav v. The State Of Bihar

2019-12-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67748 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- KISHUNPUR District- Supaul ====================================================== LAL KUMAR @ VIVEK KUMAR @ LAL YADAV S/o Shiv Kumar Yadav R/o village- Gangapur, P.S.- Kisanpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-12-2019 Heard both sides.

Petitioner seeks bail in Kisanpur P.S. Case No.87 of 2019 registered under Sections 341, 147, 148, 149, 302 and 120(B) of the IPC and under section 27 the Arms Act. The informant named altogether 16 persons and alleged that they all came on motorcycles. Three persons, namely, Chandan Kumar, Lal Kumar (petitioner) and Dinesh Paswan came and made indiscriminate firing at his son. It is further alleged that other accused persons, who had come along with three accused person, fired and fled away towards western side.

Learned counsel for the petitioner submits that all the accused persons are also alleged to have fired but it appears that other accused persons, namely, Shiv Kumar Yadav and Bijendra

Patna High Court CR. MISC. No.67748 of 2019(3) dt.04-12-2019 2/2 Kumar have been granted regular bail by order dated 27.09.2019 in Cr.Misc.No.47428 of 2019 and Cr.Misc.No.47327 of 2019 respectively. The petitioner and two others are firstly alleged to have made indiscriminate firing causing death of the son of the informant. The other accused persons are alleged to have fired thereafter but the informant did not disclose that their firing hit his son.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T