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Patna High CourtCR. MISC./17008/2018rejected

Santosh Kumar v. The State Of Bihar

2018-04-26Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17008 of 2018 Arising Out of PS.Case No. -219 Year- 2017 Thana -ATHMALGOLA District- PATNA ====================================================== Santosh Kumar Son of Sri Shamali Singh @ Shyamali Singh resident of village - Rampur Dumra, P.S. - Maranchi, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Manglam, Advocate For the Opposite Party/s : Mr. Sri Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 302, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act in connection with Athamalgola P.S. Case N. 219 of 2017 pending before the SubDivisional Judicial Magistrate, Barh, Patna. It is submitted by the learned counsel for the petitioner that he has been implicated in this case due to earlier enmity between the parties and that prior to the instant case there is no criminal antecedent of the petitioner.

This Court finds that allegation of causing firearm injuries along with other persons is attributed to the instant petitioner. The same is supported by medical evidence.

Considering the nature of allegation that the deceased was

Patna High Court Cr.Misc. No.17008 of 2018 (3) dt.26-04-2018 2/2 done to death when he had came to give evidence in connection with the case lodged against the petitioner's family members, this Court, for the present, is not inclined to allow prayer for bail of the petitioner.

The prayer is therefore, rejected.

(Madhuresh Prasad, J) Prakash/- U