Shiv Dayal Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.23201 of 2017 (3) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23201 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -MARHAURA District- SARAN ====================================================== Shiv Dayal Sah son of Late Asharfi Sah Resident of Village - Mubarakpur, P.S. - Marhowrah, District - Saran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Marhowrah P.S. Case No. 111 of 2017 registered for the offences punishable under Sections 341, 323, 504, 506, 307/34 of the Indian Penal Code and Sections 25(1-b)a,26/27 of the Arms Act. Allegedly, the petitioner opened fire upon the informant which did not hit and again the petitioner opened fire which also did not hit, thereafter, the family members of the informant caught the petitioner after chase and recovered loaded country made katta and four live cartridges and when the petitioner was being brought to Police Station, co-accused Bajrangi Sah got him freed. Thereafter, the Mukhiya and Sarpanch were informed who informed the Police and recovered Katta and cartridges were produced before the Police.

Patna High Court Cr.Misc. No.23201 of 2017 (3) dt.07-07-2017 Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner, no offence under Sections 25(1-b)a,26/27 of the Arms Act is made out and as such the petitioner deserves sympathetic consideration. Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering the allegation attributed against the petitioner, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T