Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15913 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- MEHANDIA District- Jehanabad ====================================================== SHASHI KUMAR S/O ATUL BHAGAT R/o village- Mussepur, P.S.- Mehandiya, District- Arwal (Jehanabad) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-02-2022 Heard Mr. Sanjay Kumar Singh, learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Mehandiya P.S. Case No. 83 of 2020 dated 27.07.2020 instituted for the offences under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is alleged to have fired from his weapon hitting the son of the informant in his hand. Though the injuries suffered by the victim has been reported to be simple in nature but considering that it is a gun-shot injury which has been attributed to the petitioner, I am not inclined to grant anticipatory bail to him, notwithstanding the fact that there is a counter version of the occurrence and that the petitioner is one of the agnates of the informant.

Patna High Court CR. MISC. No.15913 of 2021(2) dt.28-02-2022 2/2 Accordingly, the prayer for anticipatory bail is rejected.

However, if the petitioner surrenders before the court below and seeks bail, his application shall be considered on its own merits taking into account the aforenoted facts and an order shall be passed without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) krishna/- U T