Manoj Kumar Jaishwal @ Manoj Jaishwal v. The State Of Bihar

Patna High Court Cr.Misc. No.52179 of 2014 (2) dt.06-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52179 of 2014 Arising Out of PS.Case No. -117 Year- 2009 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Manoj Kumar Jaishwal @ Manoj Jaishwal, son of Sri Mahendra Prasad Chaudhary.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Singh Mr. Dinu Kumar Mr. S.K. Prabhakary For the Opposite Party/s : M/s. Shahin Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Dhaka P.S. Case No. 117 of 2009 registered for the offences punishable under Sections 324, 307/34 of the Indian Penal Code and 27 of the Arms Act.

There is specific allegation against the petitioner that he opened fire causing firearm injury to the informant. No doubt, after investigation police submitted final form showing insufficient evidence against the petitioner and some others but admittedly, the learned court below differed with the findings of the police and took cognizance of the offences against the

Patna High Court Cr.Misc. No.52179 of 2014 (2) dt.06-01-2015 petitioner and others.

Therefore, in my view, it is not a fit case for grant of anticipatory bail and accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

However, the regular bail application of the petitioner shall be decided on its own merit without being prejudiced by this order.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T