Patna High CourtCR. MISC./4362/2019rejected

Akhilesh Sah v. The State Of Bihar

2019-04-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4362 of 2019 Arising Out of PS. Case No.-279 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== Akhilesh Sah, son of Late Ramchandra Sah, R/o Village - Bhatwaliya, P.S. - Bairiya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 307, 302, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. For land dispute, the petitioner allegedly fired on the informant causing injury at the back of the informant. The doctor has found firearm injury at the back of the informant. Submission is that it was not possible for the informant to see the petitioner firing and causing injury at the back. Petitioner has got no criminal antecedent. Land dispute is reason for the false implication. Petitioner is in custody since 08.08.2018. Investigation of the case is already complete. Learned counsel for the State opposed the prayer for bail on the ground that in course of treatment, informant has

Patna High Court CR. MISC. No.4362 of 2019(3) dt.18-04-2019 2/2 died of aforesaid injury and it is quite possible that after seeing a pistol in the hand of petitioner, informant would have started fleeing. The shot hit at his back.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail in connection with Bairiya Police Station Case No. 279 of 2018 pending in the court of learned 7th Additional Chief Judicial Magistrate, Bettiah, West Champaran.

Hence, his prayer for bail refused.

(Birendra Kumar, J) Rajan/Banti U T