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Patna High CourtCR. MISC./49004/2015disposed

Balendra Sah v. The State Of Bihar

2015-11-02Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49004 of 2015 Arising Out of PS.Case No. -234 Year- 2010 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Balendra Sah son of Surendra Sah Resident of Village Madhurapur P.s Sahebganj District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No.III For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-11-2015 Heard Mr. Sunil Kumar No. III for the petitioner and Mr. M. Haque, APP, for the State.

The case was lodged under Sections 302, 307, 120(B) and 34 of the Indian Penal Code vide Paru P.S. Case No. 234 of 2010. According to the prosecution case, some unknown person at the dead of night arrived at the petrol pump and indiscriminately fired in which the informant received serious gun shot injury. Another person received such injury also subsequently died. Contention of the petitioner is that there is no direct evidence against the petitioner in the case.

The APP, on the other hand, submits that the petitioner had been evading the process of the Court for a long time. Considering the seriousness of the allegation, I am not

Patna High Court Cr.Misc. No.49004 of 2015 (2) dt.02-11-2015 2/2 persuaded to extend the privilege of anticipatory bail to the petitioner. Prayer is, accordingly, rejected. If the petitioner surrenders and prays for bail, the Court below shall consider and dispose of the same on its own merit in accordance with law unprejudiced by the present order. (Kishore Kumar Mandal, J) Pankaj/- U T