Binay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38736 of 2016 Arising Out of PS.Case No. -121 Year- 2016 Thana -DANAPUR District- PATNA ======================================================

1. Binay Sharma son of Hari Lal resident of mohalla - Banke Babu Gali, Gabh Tal, Police Station - Danapur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is said to have opened fire causing firearm injury on the abdomen of injured, which is evident from perusal of para-33 of the case diary.

Submission on behalf of the petitioner is that the opinion regarding the nature of injury has not been given in the injury report of injured. It is further submitted that petitioner does not have any criminal antecedent and he has voluntarily surrendered before the court below on 04.04.2016 and since then he is languishing in jail custody.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the

Patna High Court Cr.Misc. No.38736 of 2016 (3) dt.15-11-2016 2/2 petitioner on bail and hence, his prayer for bail in connection with Danapur P.S.Case No. 121 of 2016, pending in the court of Additional Chief Judicial Magistrate, Patna stands rejected, at least , at this stage.

However, petitioner may renew his prayer for bail after framing of charge.

(Hemant Kumar Srivastava, J) N.K/- U T