Shishir Dubey @ Shishir Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15926 of 2023 Arising Out of PS. Case No.-697 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== SHISHIR DUBEY @ SHISHIR KUMAR DUBEY, S/O Late Sitaram Dubey, R/O Village- Baikunthawa, P.S- Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Brij Kishor Mishra, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP For the Informant :

Mr. Binod Kumar, Advocate Mr. Ram Kishan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State of Bihar as well as learned counsel for the informant.

The petitioner is apprehending his arrest in connection with Nautan (Jagdishpur) P.S. Case No. 697 of 2022 instituted for offence under Sections 147, 148, 149, 341, 323, 325, 307, 327, 504 and 506 of Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, there is allegation of indiscriminate firing by accused persons including the petitioner on the Parcha holders.

Learned counsel for the petitioner submits that the persons who were on the land were not Parcha holders as their Parchas had been canceled long back in the year 2002 itself. In

Patna High Court CR. MISC. No.15926 of 2023(2) dt.24-05-2023 2/2 fact, they were in an illegitimate manner interfering with the petitioner's possession. The nature of injuries found in the course of investigation are simple as the pellet injuries have been sustained below the thighs by all the 5 injured persons. The petitioner has one antecedent, in which case he is on bail. It is also submitted that in a writ proceedings also there was a direction for not disturbing the petitioner's possession over the land.

Learned APP for the State as well as learned counsel for the informant have opposed the prayer for bail. It is submitted that the submission regarding the possession of the Parcha holders being illegal will not justify indiscriminate firing. The learned Additional Sessions Judge-IV, Bettiah, in the impugned order has considered the injury report, which has been noted in the investigation. 5 persons have sustained injuries which have been found to be caused by fire arm. Considering the rival submissions, petitioner's antecedent, nature of fire arm injuries, this Court is not inclined to allow petitioner's prayer for grant of anticipatory bail. Petitioner's prayer for anticipatory bail is rejected. (Madhuresh Prasad, J) shashank/- U T