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Patna High CourtCR. MISC./45519/2014dismissed

Shyambali Sahni v. The State Of Bihar

2015-06-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45519 of 2014 Arising Out of PS.Case No. -191 Year- 2012 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Shyambali Sahni Son of Trem Sahni Resident of Village - Patpara (North), P.S.-Bibhutipur, Dist.-Samastipur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prem Prakash Poddar, Advocate.

For the Opposite Party : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2015 Heard both sides.

The petitioner apprehends his arrest in Bibhutipur P.S. Case No. 191 of 2012, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The petitioner is alleged to have fired which hit on the waist of the informant.

It is submitted that FIR is lodged after 24 days of the occurrence. No injury report is brought on the record. From perusal of the case diary, it appears that the doctor found one firearm injury. The informant was treated in D.M.C.H. Considering the facts aforesaid and the fact that it was the petitioner who fired and the shot hit on the waist of the informant,

Patna High Court Cr.Misc. No.45519 of 2014 (3) dt.22-06-2015 2/2 I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T