Kanahaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7536 of 2017 Arising Out of PS.Case No. -46 Year- 2013 Thana -NAYAGAON District- BEGUSARAI ====================================================== Kanahaiya Kumar, son of Jay Shankar Singh Sah, resident of villageBagdov, P.S.-Naya Gaon, Distt. Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rewti Kant Raman, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 147, 148, 149, 307 of the Indian Penal Code and Section of the Arms Act.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that though there is allegation against the petitioner that he fired hitting the cheek of the informant but it is also submitted that if the pellet hit the cheek, how her statement was recorded and it is not possible to record the statement of the informant. The witnesses during the course of investigation have also not supported the case of the prosecution.

Heard learned A.P.P. also.

From perusal of the F.I.R. itself it appears that there

Patna High Court Cr.Misc. No.7536 of 2017 (2) dt.23-02-2017 2/2 is allegation against the petitioner of firing causing injury on the cheek also.

Considering the facts and circumstances of the case, the matter does not come as a case for grant of anticipatory bail. However, petitioner is directed to surrender in the court below, i.e., learned C.J.M., Begusarai, in connection with Nayagaon P. S. case no. 46 of 2013, G. R. Case no. 3627 of 2013 and make prayer for regular bail which will be considered on its own merit without being prejudiced by the order of this Court. Accordingly, the present application is dismissed. (Vinod Kumar Sinha, J) sudip/- U T