Kishan Kanhaiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15019 of 2019 Arising Out of PS. Case No.-377 Year-2018 Thana- GAIGHAT District- Muzaffarpur ====================================================== Kishan Kanhaiya, aged about 25 years (M), S/o Daulat Singh, Resident of Village- Beruya, P.S.- Gaighat, Dist- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Gaighat P.S. Case No. 377 of 2018 registered for offences under sections 341, 323, 504, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. There is a direct allegation against the petitioner of firing upon the leg of the Informant.

Learned counsel for the petitioner submits that the case diary does not disclose the aforesaid fact. It appears that the police still has not concluded the investigation. It is expected that the police will conduct the investigation in accordance with law.

As there is specific allegation against the

Patna High Court CR. MISC. No.15019 of 2019(3) dt.04-04-2019 2/2 petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected.

If the petitioner surrenders before the court below within a period of four weeks from today and prays for bail, the court below, without being prejudiced by this order, will take a decision in accordance with law.

(Shivaji Pandey, J) rishi/- U T