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Patna High CourtCR. MISC./7025/2017dismissed

Munna Giri And ANR v. The State Of Bihar

2017-02-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7025 of 2017 Arising Out of PS.Case No. -236 Year- 2016 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Munna Giri, son of Surjballi Giri,

2. Birmal Giri, son of Shyam Narayan Giri, Both residents of Village and P.O. - Sarna Mathia, P.S.- Dinara, DistrictRohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mani Madhukar, Advocate. For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-02-2017 Heard learned counsel for the petitioners and the State.

It has been submitted that the petitioner No. 2 has been arrested. Therefore, the prayer for anticipatory bail against him has become infructuous.

The prayer for anticipatory bail of the petitioner No. 2 is dismissed as having become infructuous.

The petitioner No.1 seeks anticipatory bail in a case instituted for the offence under Sections 341, 447, 323, 307, 379, 354/34 of the Indian Penal Code and Sections 26/27 of the Arms Act.

It has been submitted that there is specific allegation

Patna High Court Cr.Misc. No.7025 of 2017 (2) dt.21-02-2017 2/2 against the petitioner No. 1 that he fired at the informant causing injury in the stomach of the informant.

The learned Sessions Judge has also mentioned in the impugned order that the informant sustained gun shot injury in her stomach and she was under treatment.

Since there is direct allegation against the petitioner No. 1 of causing gun shot injury, I am not inclined to grant anticipatory bail to the petitioner No. 1.

The prayer for anticipatory bail of the petitioner No. 1 stands rejected.

The petitioner No. 1 is directed to surrender before the court below and pray for regular bail.

(Sanjay Priya, J) S.Ali/- U T