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Patna High CourtCR. MISC./40439/2016rejected

Rajballam Ram v. The State Of Bihar

2016-09-29Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40439 of 2016 Arising Out of PS.Case No. -148 Year- 2016 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Rajballam Ram Son of Ratan@Ratan Ram resident of villageGunjarchak, P.S. Chandi, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner is said to have opened fire causing firearm injury on the neck of the informant.

The impugned order goes to show that the injury found on the neck of the informant was grievous in nature. Submission on behalf of the petitioner is that there was scuffle between the petitioner and his brother and, as a matter of fact, it was the brother of the petitioner, who opened fire, as a result of which the informant sustained injury but the brother of the petitioner managed to escape from there but, unfortunately,

Patna High Court Cr.Misc. No.40439 of 2016 (2) dt.29-09-2016 2/2 petitioner was caught on the spot and he was mercilessly assaulted by supporters of the informant and, thereafter, the informant lodged the present case against the petitioner with a view to save the skin of his supporters.

Regard being had to the facts and circumstances of the case, I am not inclined to release the petitioner on bail and, hence, his prayer for bail in connection with Chandi P.S.Case No. 148 of 2016, pending in the court of Judicial Magistrate 1st class, Hilsa, Nalanda stands rejected, at least, at this stage. (Hemant Kumar Srivastava, J) N.K/- U T