Patna High CourtCR. MISC./12204/2019bail rejected

Sita Ram Mandal v. The State Of Bihar

2019-06-28Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12204 of 2019 Arising Out of PS. Case No.-328 Year-2018 Thana- SABAUR District- Bhagalpur ====================================================== Sita Ram Mandal, son of Late Basant Mandal, Resident of Village - Shankarpur, P.S. Sabour, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Pandey For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-06-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Sabour P.S. Case No.328 of 2018 for the offence punishable under Sections 341, 307, 504, 506, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is that he fired with pistol on Ram Baran Mandal, which has caused fire arm injury near the nose of the informant.

Learned counsel for the petitioner submits that he has falsely been implicated in this case and the allegation levelled against the petitioner in First Information Report has been made out due to the fact that the petitioner had filed a case against side of the informant in Sabour P.S. Case No.90 of 2016.

Patna High Court CR. MISC. No.12204 of 2019(4) dt.28-06-2019 2/2 Learned counsel for the State submits that upon perusal of the case diary, it appears that the informant has received gun shot injury near the nose caused due to the fire arm and the injury has been opined by the doctor, as grievous in nature.

After having heard learned counsel for the petitioner as well as State and upon perusal of the materials available on record, it appears that the informant has received gun shot injury caused by the petitioner which is grievous in nature. Accordingly, I am not inclined to grant anticipatory bail to the petitioner. As such the prayer for anticipatory bail of this petitioner is rejected.

(Anil Kumar Sinha, J) sanjeev/- U T